ptsd TDIU Confusuion

[missunderstood]

Hello everyone ,

 

Here is short version of my story. When i got out of the military in 2007 i was rated 70 disabled. I filed for an increase in 2009 and was awarded one for my PTSD and Back pain and went up to a total rating of 90%. I was rated 70% for PTSD and 40% for back pain and the rest comes from others. I have not worked since 2011 and filed for another increased which was denied. I then file a NOD in August 2008 and have heard nothing about it. When I filed the NOD I also filed to TDIU. I was notified by the VA that they closed the TDIU claim because i had an open appeal. I was baffled by this but now it is no where to be found on ebenefits that I ever filed the TDIU. I  have been waiting to hear about the appeal for over 2 years and nothing. Houston Texas is my regional and I called ISIS today and they said the turn around for appeals there is 425 days. I am well over 700 days at this point. They stated that the file was waiting on the DRO to review it. I am so tired of this.  My condition has worsened and there is no VA hospital near me and I have since gotten a back brace and everything. I am scared that I will loose my children if I seek outside help. Anyhow I guess i am wondering if I should file a new TDIU claim or whether I should wait out the appeal and file another one after they deny it. They might even try to go for a decrease from what I am guessing. I just feel hopeless.

Edited September 16, 2016 by missunderstood
errors

[john999]

Quote

Do you have any evidence of your own that you filed for TDIU?  This is why I use the mail for these things so I have proof of delievery.

 

[Buck52]

I suggest you get a sharp experienced  VA Claims Attorney.

you need to see why they closed out your TDIU Claim  and never sent you a letter letting you know they did and why   especially if your NOD was still within its limits of Appeal

They should sent you a SOC OR SSOC.

Just going by what you posted here your claim has been under prosecution way to long.

if you have evidence when you first filed your claim FOR INCREASE and requested the IU that should be your EED.

Seek A Good Qualified Attorney.

JMO

...........................Buck

[john999]

I agree with Buck!  You should be able to get TDIU is you are unemployable due solely to your SC conditions.

[missunderstood]

Thanks for responding.  Unfortunately I do not have proof of the TDIU claim because the hard drive i kept it on got lost. I did contact the office of Mr McDonald and am waiting to see what comes of that. If they in fact do deny my NOD I am going to retain a lawyer. During the time all of this was happening I was in such a bad place that my state of mind was not where it should have been. I did get help with filing for the NOD from a lady at the DAV. I am looking for lawyers near me now as I mainly think I need and should at least be getting the TDIU. of and a correction to my original post is  that the date was August 2009 not 2008.

[missunderstood]

I forgot to mention that I have also been getting ssdi since 2008. I don't know if that matters. 

[Gastone]

What's been going on at your end for the past 7 years?  Did you file a FOIA Request for your C-File. Did you have a VSO, what did they say about your missing records?

When you got the bump to 90% (?2010), there should have been an "Inferred IU Claim" Addressed in your Award Letter.

You didn't file the IU claim immediately after your 90% Award, right? How did you file your 2011 NOD and Separate New Claim for IU, US Mail, E-Ben or with a VSO-Rep?

What exactly is your claimed basis for IU, your PTSD or your Back? IU Raters look very hard at a Vet's ability to do Sedentary Work, that could earn an amount in excess of the VA's SGI (Substantial Gainful Income) figure of $12,400 per yr. You may not be able to do your old job but Rater's determination that your capable of Sedentary Employment can be a real nut buster.

Give some consideration in regards to having a VA Vocational Rehabilitation Counciler look over your file. If it's determined that doing even Sedentary Work is precluded due to your SC Conditions, A Voc Rehab Program Denial Letter could Seal your Deal on IU. You could have the Voc Reh Denial Letter in as little as 3 weeks or less.

Semper Fi