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Update Claim With R/o Told Decision Can Take 24 Months


mountain tyme

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Update: I went in yesterday to talk to the NEW (no surprise there) Veteran Rep. in our town yesterday to see what I can do to put in for TDIU status...he was not familiar with my case so he went in to his computer to see what he can find out...he told me that my claim was indeed sent out on the 24th to the R/O for a decision...I told him that when I original sent in the NOD that I specifically asked to have a face to face hearing with the R/O but instead they set me up with the C/P...so when I asked him the time line on how long it would take to hear a decision he told me it could take up to a year to 24 months...and if I went ahead and filed for the TDIU it could hold it up for futher review....he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA...so that is where I am in the mass confusion of the American Way...My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. have a VERy Blessed and Safe New Year.

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"he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA"

Right but then again- the BVA regs are the same as the VAROs-

that could add considerable more time to the claim.

Did they mention the C & P results in the decision?

Do you have the actual C & P report?

I would have attached the TDIU form right to the NOD -if you have evidence of service connection causing total disability---

."..My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. "

That is EXCELLENT ADVISE!

Keep all the letters (and emails) he sends home too and when he comes home encourage him to keep in touch with his buddies. You never know when he might need a buddy statement.

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  • HadIt.com Elder

You know if you send in the TDIU form and the VA decides you are unemployable the effective date of your TDIU would be the date you sent in the form. You want to win this thing right there at the RO if you can. There is no reason you need to take a trip to the BVA if you have the evidence to win your claim at the RO level. Evidence is what wins claims not trips to the BVA .

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  • HadIt.com Elder

I agree with John file for TDIU now so you establish an earlier effective date for the award date because the decision could still be 1-2 years away and if you wait until then to file for TDIU you lose that time altogether. File it now..........and no matter what keep appealing their denial letters until you get the award you think you deserve because if you play it like chess it will take years to win the game play it like checkers and keep asking for the King

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  • HadIt.com Elder

Like TestVet says the real thing that wins claims beyond anything else is persistence. The VA will pull every trick in the book to deny your claim especially when you get close to 100% or IU. They know that once you get IU or 100% they are going to be paying some very expensive benefits for years to come.

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(I told him that when I original sent in the NOD that I specifically asked to have a face to face hearing with the R/O but instead they set me up with the C/P...so when I asked him the time line on how long it would take to hear a decision he told me it could take up to a year to 24 months...and if I went ahead and filed for the TDIU it could hold it up for futher review....he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA...so that is where I am in the mass confusion of the American Way)

The RO may have sen your point of arguement and they may reconsider the claim without a hearing.

By scheduling a C@P they may need to be ready to make a decision and need an opinion before they are allowed to act. This may not be a bad thing. I felt the same way you do two months ago. I had a C@P exam on Oct 17 and the Money in the bank Nov 15th.

I have also learned from this site not to put one inch of trust in any Vet Rep. Unless the rep has direct access to the RO, he does not know what is going on. There are floks here at hadit who have forgotten more than any Vet rep will ever learn.

Try this, Send an IRIS inquiry to the status of the claim and be personable. Ask he RO iof they need anything else for the CLaim, Ask about the face to face meeting if it is going to happen. I believe the decision will be sooner than you expect.

As far as filing for IU, it is a catch 22. You wait you get a later effective date, You file now and your claim will take up to the time it takes to process the IU claim.

If you have the time and money, file it now, If you are in financial need, Wait.

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The timeline your VSO told you 12 to 24 months is just BS. There is not a

standard time for claims to finish. Many vets claims are in the process for

several years. Keep on top of all you can and send requested info back ASAP,

make sure you get a date stamp if you submit paperwork at the RO in person or if

mailed do certified or return receipt requested. Good advise already provided on

the TDIU issue. Even when a vet thinks their claim is finished more issues can

always come up like rating percentage too low or effective dates etc...

jmho,

carlie

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"he then said if the R/O denies my claim and he dosn't see how he could...based on the facts and evidence then I can appeal at the BVA"

Right but then again- the BVA regs are the same as the VAROs-

that could add considerable more time to the claim.

Did they mention the C & P results in the decision?

Do you have the actual C & P report?

I would have attached the TDIU form right to the NOD -if you have evidence of service connection causing total disability---

."..My Son is now in Iraq...and I told him to keep a diary and take names!! get address, take picture's...I do not trust in general...esp. when it comes to the record keeping the the AF...enough said...thank you for your time. "

That is EXCELLENT ADVISE!

Keep all the letters (and emails) he sends home too and when he comes home encourage him to keep in touch with his buddies. You never know when he might need a buddy statement.

Hello Berta,

I had put in a NOD the first week in Sept. 06 within one week I received a call from my VA Rep asking if I could go in for a C and P exam that week...for a pysch exam in which I did.....at the exam the doctor allowed my husband to stay with me during the exam...it was very stressful and I don't recall everything that was said...but my husband told me that the doctor said he was going to rate me low due to the situlation and also concurred with my PSTD diagnois that was performed by a Certified doctor who also does the rating for the state I live in for SSD...and axis one was PTSD and axis two was Server depression and there were 3 other axis if I recall and he rated me a 37 I believe it wasn't any higher then that...

I am going to try to go up to the VA hospital (which is 2 1/2 hour drive) to ask if they can give me a copy of the C and P exam...it may shed some light on what the R/O is looking at...and then I can let my counclor that I see monthly take a look at it and see what she thinks...

This has been hard on me...no one wants to be labled or disabled as far as that goes....if I could have changed one thing in my past it would be that I checked to make sure that door was locked before I turned off the lights...that was 26 years ago...and no locks can keep out the demons in my dreams...so now I pace waiting for someone a complete stranger to decide a part of my future...but I figure...what the heck I can't fret over what I can not change...but I have educated my Son in not taking someone word...but to be smart and not gulliable...I think that is all anyone can do is educate our future through our children.

I am going to file for the Tidu on tues of next week that is when that rep. will be in town again...

thanks for all your help...

will keep you posted...

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  • HadIt.com Elder

Mountain

Send your TDIU form to the VA and a copy to the VSO. You want to make sure the VA gets it. You could call the VAMC first to see if they have the copy of your C&P on file yet before you make the trip.

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You might want to call your RO to find out if they have recieved the C&P report yet. Then request the whole C-file. That way you you'll have all the information the Rater will have. It's a good way to make sure they don't miss something and to know if you need to add to your evidence.

As for IU, I agree with the others. File for it. Your claim seems to be in the earlier stages and an IU claim won't slow it down enough to give up an earlier effective date. My opinion.

Unfortunatley, a timeline for a decision is a guess at best. It's fair to say it won't be quick.

Time

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  • HadIt.com Elder

most PTSD C&P's require a release from the VARO so going to the hospital and requesting it is a waste of time and if you are a 2 1/2 hour drive then you will just be wasting 5 hours and then be pizzed off to boot, I would send the VARO a request for a copy of the C&P and most likely they will not release it until after they make the decision on your claim anyway,,,,,,,any other type of C&P you can still get at the hospital the mental C&P's they make you sign the release sheet and then the VARO has to authorize it save the drive

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