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

[broncovet]

I agree with GAstone.  To add, there is "one" thing you did not mention in regards to your TDIU appeal:  Do you have documented a doctor who stated you can not work due to SC disabilities?  If you have this stated in your records, your TDIU claim should succeed, if you do not, it will likely fail.  

As far as the timing of your appeals, you have been misinformed who ever told you 425 days.  Go to the BVA chairmans report for more accurate information.  You will see that BVA appeals take 4 years, from the time of filing the NOD.  

After you file the NOD, the VARO needs to file an SOC.  If the VARO filed an SOC and YOU failed to file an I9 within 60 days, then your appeal will be deemed abandoned.  Filing a Nod is not enough, you must also file an I9 within 60 days of VA sending you the SOC.  

If you did file the I9 in 60 days, then, as Gastone says, we are "getting somewhere".  Even AFTER you file the I9, your national VSO will want to "sit on it" for 18 months or so while your VSO files a "brief" in your behalf.  After this, the VARO will "certify" your claim to the Board, and you will be assigned a docket number.  Now, finally, after this 3 year fiasco and red tape, you can wait another 425 days for your turn on the Board.  

Do you have a "docket number"?  If you do, you might call the BVA ombudsman and he may be able to tell you about how long, based on the docket number.  In 2015, I got a BVA decision with a year 2009 NOD.  My 6 year trip to the BOard was delayed 3 years because the RO never did a SOC, and I had to complain to Allison Hickey to get the SOC  done.  She expidited my claim and I got through the Board in a mere 2 years after the SOC.  

Its taking longer now.  But, this said, you need to be proactive and find out where your claim is at, if its been docketed, or if VA lost your I9 filing or someithing else is wrong and it will never happen.   

You can apply for an advance on the docket if you are homeless, or if you are over 75 years old, or if you have a family terminal illness.    Just being broke wont suffice, VA wants Veterans to be broke.  

Edited September 20, 2016 by broncovet

[missunderstood]

4 hours ago, broncovet said:

I agree with GAstone.  To add, there is "one" thing you did not mention in regards to your TDIU appeal:  Do you have documented a doctor who stated you can not work due to SC disabilities?  If you have this stated in your records, your TDIU claim should succeed, if you do not, it will likely fail.  

As far as the timing of your appeals, you have been misinformed who ever told you 425 days.  Go to the BVA chairmans report for more accurate information.  You will see that BVA appeals take 4 years, from the time of filing the NOD.  

After you file the NOD, the VARO needs to file an SOC.  If the VARO filed an SOC and YOU failed to file an I9 within 60 days, then your appeal will be deemed abandoned.  Filing a Nod is not enough, you must also file an I9 within 60 days of VA sending you the SOC.  

If you did file the I9 in 60 days, then, as Gastone says, we are "getting somewhere".  Even AFTER you file the I9, your national VSO will want to "sit on it" for 18 months or so while your VSO files a "brief" in your behalf.  After this, the VARO will "certify" your claim to the Board, and you will be assigned a docket number.  Now, finally, after this 3 year fiasco and red tape, you can wait another 425 days for your turn on the Board.  

Do you have a "docket number"?  If you do, you might call the BVA ombudsman and he may be able to tell you about how long, based on the docket number.  In 2015, I got a BVA decision with a year 2009 NOD.  My 6 year trip to the BOard was delayed 3 years because the RO never did a SOC, and I had to complain to Allison Hickey to get the SOC  done.  She expidited my claim and I got through the Board in a mere 2 years after the SOC.  

Its taking longer now.  But, this said, you need to be proactive and find out where your claim is at, if its been docketed, or if VA lost your I9 filing or someithing else is wrong and it will never happen.   

You can apply for an advance on the docket if you are homeless, or if you are over 75 years old, or if you have a family terminal illness.    Just being broke wont suffice, VA wants Veterans to be broke.  

I don't have a BVA appeal. I have a DRO review and the timing for that is correct for my regional office. Once they deny that then what you stated about the BVA  portion would kick in. I filed over 2 years ago and nothing I mean absolutely nothing has been done with the NOD. They don't even have a received date. 

[missunderstood]

5 hours ago, Gastone said:

Now we're getting somewhere. On your E-Ben,pull up your Claims/Appeals History, anything listed for 14 or 15? Post the redacted page. There's an IU Denial hiding somewhere, that became Final in late 15 or 16. Shame - Shame.

Back in 12, I completed my C-File FOIA, while visiting the RO for a Voc Rehab meeting. Told the lady at the VA Counter that I wanted to request a copy of my C-File, she had me use the VA 21-4138 (Statement in Support of Claim).

I just put in the body of the form, that I was officially filing a FOIA request for my Complete VA Compensation File including my complete VA Vocational Rehabilitation File.

About 14 mos later, I received about 9in of paper via US Mail. I think it's still taking a year or so to get but now it comes on a CD.

Ask your VSO rep what the current FOIA C-File procedures are, might be able to fax or E-File your request. I've intended to request mine again, just to see how long and if it would be the complete or just from the date of the last FOIA Request. Best be on a CD this time.

Semper Fi

 

There lies the problem. There is nothing related to it anywhere else on ebenefits at all. I looked in every possible place and nothing.  It's very frustrating. I'm not going to let them win. I plan to appeal until I can't appeal anymore. 

[missunderstood]

Ok. So I just called 1 800 wheresmyclaim (lol) and they told me that the last time anything was done on my NOD was 12 May 2016 and that the status was updated to ready to be rated. There was absolutely nothing done to it before that. So at this point I think I have another 2-3 years before they assign it to a DRO and get the rating done. I also called Social security and found out that they requested records from the VA for me in 2014 (my SSDI is solely based on my service connected disability of PTSD/Depression). I am still on SSDI so hopefully that's worth something too. I was told that if the NEW TDIU claim (just filed 2 days ago) is granted and that I can use that unsolicited evidence of the TDIU filing from 2014 as evidence for retro pay.

[broncovet]

Congratulations.  However, whenever I hear the words "I was told" by a Veteran, the end result is usally not in the Vets favor.  You should wait for the BBE to spend the money.  If you dont like the effective date, then you can file a nod disputing the effective date.  

[Gastone]

Slo Down, you requested a DRO Review, not a Hearing, right. How did that happen? If you failed to supply any "New & Material Evidence," that was not available to the original Rater that issued your Denial, your about to get an Administrative DRO Denial Decision. No N & M Evidence supplied with the NOD DRO Review or Hearing requests, guarantees an Administrative Denial. Do not Pass Go, Do not collect $200.00. That would have been a HUGE Frack Up.

You'll get that Denial Decision rather quickly, not a yr or 2 down the road.

Get hot on filing your FOIA request for your C-File, too many unanswered questions. If you ever used a VSO-Rep for any of these claims, an Electronic or Paper File exists with that VSO organization.

How about sharing whatever Evidence you believe supports your IU Award? Let us tell you what our Lay opinion of your case is. You may or may not meet the IU criteria.

Semper Fi