ptsd NOD-did vso do the right thing?

[allan1351]

On Jan 5,2016 I went to my vso to findout what was happening with my claim....after checking she told me my claim for IU was denied,also increase for ptsd denied....she told me they were denied in a decision on Dec 10,2015....I told her I never got anything in the mail....Also told her I had the last review exam and it shows I should be 70% from 50%....also that I had filed the letter from voc rehab....she checked and agreed I should of went to 70%...also said the voc rehab letter is there but they didn't include it in my denial...So she filed NOD on the ptsd for increase to 70% and said she filed under fast track......when she filed I noticed she put in there that they didn't include the letter from voc rehab.I'm just wondering if she did the right thing here............Please let me know.....she also ask for SOC......thanks Allan

[allan1351]

Hey All

Okay so if they grant my increase to 70%.As asknod stated.... Which is what the vso filed nod on.will they go back and look at my claim for tdiu?

[FormerMember]

If there is evidence in your c-file of unemployment currently and for the last 12 months, and the reason for the unemployability is service connected,  they have to consider it by law. 

[Buck52]

Yes allan1351,

  Your Voc-Rehab letter is great probative evidence that you can't work  guard that letter with your life...and submit a copy Request a form for TDIU.  IF YOUR 70% Now

They can use the extra scheduler for the TDIU  that means you keep your 70 %rating or combined rating and they award you the TDIU usually with P&T  & you get paid at the 100% rate along with all the extra benefits  like chapter 35  and exempt from property tax  that's a big benefit within its self.

 

........Buck

[allan1351]

Hey Everyone

Well this is turning into a nightmare.....VSO filed that NOD without decision being final...Now I got the decision and it turns out VA says it was filed premature.....and they denied my rating increase and IU.....Plus I see the voc rehab letter is now part of decision...Am I done everyone??Thanks Allan 

[Berta]

If they listed the Voc Rehab Denial as evidence, what rationale did they state as to not using it, to support an award of TDIU?

 

[broncovet]

Your VSO should know you can file a NOD on a decision that has not yet occurred.  Any time I get a notice from the VSO in regard to a decision, it always has a disclaimer that I need to wait for the official notice.

Yes, I know we are in a hurry to get our benefits for some very good reasons.  But the takeaway here is for other Vets to not file a NOD at least until you get the decision in your hot little hands.  Of course, since your VSO did this, YOU get hurt in that you get delays.  

This is an excellent example of a VSO making your claim worse, and not helping you.  Its just another example of why many VEts have elected not to go through a VSO.  

You may want to change your POA.  People have not had great results just firing their VSO, but you can switch it to a "do nothing" VSO.  "Doing nothing" and letting you do everything, is pretty much how my VSO does it.  

I gave the NVLSP my POA back in 2012.  They filed an appeal at the CAVC, where I got a "Joint Remand"..the VA admitted error.  Unfortuanately, the error VA admitted pretty much netted me "0" other than keeping the appeals alive, and exhausting some of my remedies.  Once the NVLSP pressured me into agreeing to the Joint Remand, and I did so, the NVLSP was done and no longer represented me.  

However, my POA "automatically" went to DAV somehow.  I decided not to fight the DAV on this "automatic" POA, as I knew they were/are a pretty much "do nothing" POA, at least in my area.  Oh, yea, they "prepared a brief" for the Board decision that was pretty much generic, and pretty much avoided all my pertinent issues that I addressed in the I9.  

As Alex said, the DAV NSO pretty much asked the board to give me the Benefit of the Doubt, and really did not read my evidence or do anything to help.  Unfortunately, we dont get a copy of the brief filed by the national VSO.  However, we can watch our claims delayed by the VSO filing of this brief.   In 2012, the VSO managed to delay my claims the 18 months it took them to file the brief.  When I complained to the VSO that my claim was "with VSO" for 18 months, the VSO reported that, since I already had a docket number, I was in a waiting list at the board, so this VSO filing time for the brief wont result in additional delays.  

    I found out that was a lie.   I did not have a docket number then, and the board waits until they get a brief from the national VSO to assign a docket number, so I was correct that 18 month delay in the VSO filing my brief, resulted in an 18 month delay for me.  Its actually MORE than 18 months, because the appeal process has slowed down a lot in those 18 months, so the net result is that the delay is at least 2 years or more.  

     In fairness to the DAV, my original service officer worked for the county, and he was certified with both the DAV and the VFW.  So he was both.  Many, many years ago, the VFW "dropped" representing me, and basically said I had no case.  My VSO disagreed, sent the claim through the DAV, and I eventually won 100%, so I did get some satisfaction from the VFW being wrong.

     Im waiting until I win all that can be won to actually calculate how much having a "free" VSO cost me in lost, unrecoverable benefits, since I dont yet know how much of the benefits I can recover that the VSO blew.  

    I really think my VSO was a good guy, and he mostly did me right.  Its when it went to the national VSO where they blew my benefits.  

    My original VSO has retired.  I guess he could not get me my benefits in a "mere" 14 years.