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Rocket1949
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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Rocket1949 11 posts
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broncovet
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 applicab
Gastone
Rocket, take a look at the attached Chris Attig Vet Law Blog Video regarding the SOC and Form 9. Use the actual Decision Date, not the Decision Letter Date Semper Fi VIDEO Statement of
Gastone
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.
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