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UPDATE: TDIU CLIM

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missunderstood

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Well I just wanted to give an update of what has since happened with my NOD/ APPEAL claim. I got a call from the Office of the VA Secretary yesterday in reference to the email i sent them about my claim status. Well I am not surprised (you may not be either if you know my story) to report that they told me that my NOD was either invalid or expired. Ha Ha Ha....They tried it. I have yet to receive the official letter in the mail as they just closed this out yesterday as that being the explanation. They stated that it was expired because my claim was fully developed and there was no decrease in my ratings for my claim that was filed in December 2012 for the PTSD and Back pain. I was never disputing  the December 2012 claim I filed the NOD and TDIU for the claim that was closed out in June 2014 for increase in the PTSD and back pain in which they denied those claims for increase. They also stated something along the lines of that they believed i only filed and was concerned with the IU (which is true). However they cancelled the IU claim because of the open appeal. Well this all seems like a big cluster fart. I am not fretting and I have gotten my C -file ordered. My VSO , Texas Veterans Commission, believes that I should win my TDIU claim based on my file (We spent 2 hours going over the codes and evidence that is in my C-file line by line) my whole case being  as he put it " really complicated" . At this point all i really care about is getting the IU approved and having it back dated to at least the date that I filed the original one in August 2012. The VSO said that they will represent me if I choose to file a CUE and that they have been pretty successful in the past. I guess at this point I am just waiting to hear back from the VA Secretary's Office to see where we go from here. I have all of my documentation ready and now I wait. I was going to send in the quick claim but I dont want them to not get my full SSA record before making the decision. I also dont know if its better to get an attorney or let TVC handle it.

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I agree.  Any time there is a significant amount of retro on the line,  it is definitely better to hire an attorney who only gets paid if you win.  There are good VSO's out there but there are also vso's that seem to work for VA rather than the veteran,  and they get paid regardless if you win or lose.  Best of luck to you. 

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Not sure what state your located in,  but I highly recommend piemonte law firm and also the ATTIG Law firm is excellent, Chris Attig is the main attorney I believe, and the first thing they do is request your complete cfile. 

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Thanks Flores.  I received a call today from the VA Secretary office and was told that the appeal was invalid because I did not check a box on the form. It took them well over two years to tell me that! Smh....still very ridiculous and I  definitely going to fight this. Also waiting on results of the most recent tdiu claim. We shall see what happens. So much  of a mess. 

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Sounds more like a cluster f--k than your very diplomatic and funny description:biggrin:

." I have all of my documentation ready and now I wait. I was going to send in the quick claim but I dont want them to not get my full SSA record before making the decision."

That is an excellent idea in my opinion if----and only if the SSA award is solely for your SC disabilities.

I have been working on a legal issue myself and in going over 20  years plus of VAOLA, again I am reminded that my husband's TDIU claim could have been awarded in his lifetime....except VA never sent SSA a request or his authorization form.(proof of mailing and  in the C file)

I still have the letters they sent to our state Senators and Congressman saying SSA refused to release his records.

It was a LIE. The VA finally awarded 100% SC P & T instead of TDIU for his PTSD.Since he had been dead by then for almost 3 years I guess his death rendered the TDIU claim moot . That claim is still in the C file too.

What a great way for VA to deny TDIU when SSA awards solely for SC....just dont attempt to get the records.....and then lie about it....I bet that happens more then we know.

Did VA Voc Rehab ever turn you down solely due to your SCs? That too is excellent evidence for TDIU.

If one is un-vocrehabable, one is also unemployable.

 

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