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Rocket1949

TDIU questions

Question

Hi All,

I just recently received a rating increase for PTSD from 50% to 70%. This was part of a NOD that I had filed in May of 2016. I also received a Statement of Case regarding that same NOD. In the SOC they denied my claim for TDIU. I have enclosed the letter that gives the reasoning behind their decision. From what I can gather the letter denies TDIU and goes on to explain their reasoning . No new evidence ,and failure to send in VA Form 21-8940 . I also need to mention that I had gone thru a Vocational Rehab evaluation earlier this year. That evaluation determined that I wouldn't be offered any schooling or training due to my service connected disabilities and that I would be put in the ILP program. I have tried to get my VR records thru a FOIA request made earlier this year. That has proven to be unsuccessful and I almost feel as if Im being stonewalled. 

Im assuming that my VR records would be viewed by my rater when making a decision on TDIU. I wanted my VR records to verify what I had been told by my VR evaluator .My VR evaluator was an Independent Contractor hired by the VA to do an assessment on what services VR would offer me. As stated previously the the contractor deemed that I wasn't eligible for any training or educational services. They also stated that this was because of my service connected disabilities . They did recommend me for the ILP program and that program determined that there were no services that they could offer at this time.

Im in the process of filling out the VA Form 21-8940 and would like to hear any suggestions in how to properly  proceed .

One question that comes to mind is the way the letter is written. It states a denial for TDIU in the beginning and latter mentions the form 21-8940 as being the reasons for denial. Seems like TDIU was denied outright and later the mention of the 21-8940 was a formality .

Your thoughts please.

CC  Berta,Gastone,Buck52

 

 

 

Thank You

 

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Did you NOD requesting a DRO Review, with your N & Material Evidence attached?

5/2016 NOD DRO (?) review Award Decision in 12 months is PDQ, I'd have to say. Job well done on your part.

I was unable to access your scanned image.tif, any chance you could attach it as a pdf?

Semper Fi

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They will not consider TDIU without the form filled out.

"VR evaluator was an Independent Contractor hired by the VA to do an assessment on what services VR would offer me. As stated previously the the contractor deemed that I wasn't eligible for any training or educational services. They also stated that this was because of my service connected disabilities . They did recommend me for the ILP program and that program determined that there were no services that they could offer at this time."

That is critical evidence. VOC Rehab stuff does not always get into claims files.

FOIA wont help. Can you contact the actual VR contractor? Or send an IRIS to Voc Rehab? or the ILS people?

I dont have time to search for them but the www.va.gov main web site might have the info you need.

All my husband had was a  handwritten note on VA Voc Rehab letterhead that came here in 1992.

He was pissed and almost threw it into the woodstove. It became highkly significant for almost all of my claims after he died, and for his 100% P & T SC posthumous award. They never mentioned his 1993 TDIU form at all. VA cannot award TDIU to a dead veteran.

 

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I think maybe I didnt make my other post clear.

They Will consider you for TDIU when they get the form (21-8940)

Are you accepting the HBP denial as well?

 

 

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If Berta did not make this clear (I think she did), make no mistake:

NO 21-8940  = No TDIU.   

Some time back the VA allowed us to apply without a 21-8940, as long as we had all the applicable evidence, but that has been changed.  They came out with a memo a few years ago that stated that any IU claim absent the filled in 8940 would be denied.  

The Regs are clear:  It does not matter how much we deserve benefits, if we dont give them the applicable forms/evidence they need, it WILL be denied.  Filling the required form is mandantory.  

My suggestion is to file a nod, and submit the completed 21-8940

Edited by broncovet
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