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

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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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