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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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missunderstood, I am sorry that happened to you,  that is absolutely ridiculous and fight them all the way! There are plenty of experienced moderators on this site and other experienced vets that will help you any way possible, don't give up

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So.....I just got P&T instead of the TDIU that I applied for. I am so happy. I just got the back pay deposit but no packet yet. Ebenefits shows me at 100% for my PTSD and states that my overall scheduler is at 100% now. I thank God that they went back to my original claim date from 2014 and not the one I filed a few weeks ago. Thank you Jesus!

 

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15 minutes ago, missunderstood said:

So.....I just got P&T instead of the TDIU that I applied for. I am so happy. I just got the back pay deposit but no packet yet. Ebenefits shows me at 100% for my PTSD and states that my overall scheduler is at 100% now. I thank God that they went back to my original claim date from 2014 and not the one I filed a few weeks ago. Thank you Jesus!

 

Are you sure they gave you PT for 100% ptsd, that is fairly uncommon, they tend to like to say you will improve.

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Well I don't know until I get the packet but I have been at 70 for my PTSD since 2008 I think and there has been no improvement. I do know that I am currently at 100% for the PTSD and 100 overall scheduler. If I am not P&T I  will worry about that at a later date. I need to get the brown envelope to know for sure exactly what they are stating. I am just happy that I finally got my 100% overall rating bumped up from 90% previously. Been trying to get my 100 for years. 

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Just now, missunderstood said:

Well I don't know until I get the packet but I have been at 70 for my PTSD since 2008 I think and there has been no improvement. I do know that I am currently at 100% for the PTSD and 100 overall scheduler. If I am not P&T I  will worry about that at a later date. I need to get the brown envelope to know for sure exactly what they are stating. I am just happy that I finally got my 100% overall rating bumped up from 90% previously. Been trying to get my 100 for years. 

you can probably go on ebenefits now and see if the commissary letter is there or if the box that says you are permanently and totally disabled is available. ;)

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under which tab would that be located? Ebenefits does not even show this claim in the archives or anything yet. The only way I knew was because i checked my bank account and saw the pending backpay deposit and then ebenefits shows that I am at a combined 100%.

 

They also awarded me with SMC-S. Not sure what it is because I am still awaiting the letter but Yay....I guess!

Edited by missunderstood
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