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TDIU questions

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Rocket1949

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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Rocket, get the BVA Appeal filed NOW, use  your VSO-Rep or do it on your own but get it filed today. Be sure to get "Proof of Filing" in your hot hands, no verbal confirmation, paper only.

As to your 05/19/17 DRO "REVIEW" Denial and SOC, give yourself a good Kick in the Ass, for me. You made the biggest mistake possible when Filing a request for a DRO Review, you did not provide the VA's  Mandatory New & Material Evidence required for a DRO De Novo Review. VA Regs state that Failure to provide N & M Evidence that was not available to the Original Rater will result in a DRO Automatic Administrative Denial and Continuance of the original Rater's Decision. That's what you got, an Administrative Denial, the DRO didn't even go thru your C-File or original claim.

The SOC mention's that the Rating dept requested 03/20/17 an IU 21-8140 and as of 5/19/17 it hadn't been received. Hello, why haven't you filed it? You want VA IU, you MUST File all the VA Required Documents.

  Get an appointment with the VA Vocational Rehab Department, your going to need Indesputable Evidence that you can't do any type of even Sedentary Work that would provide Earned Income above the SGI ($12,400). A Voc Rehab Denial Letter could Seal the Deal on an IU Award.

I think I know the answer but I still have to ask. Who's been advising and helping you with the filing of your Comp Claims?

Semper Fi

 

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Thanks for the inspiration and advise Gastone and broncovet. Gastone I have been doing this on my own. I have been going to the regional VA office, asking various VSO's ,and doing online research. My wife is also helping a lot. I am having issues with memory and stress when dealing with all this.

So much to know and remember. Im going to try and post my entire SOC and see if anyone can decipher it for me. Thanks so much for the kick in the butt, I needed it.

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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 the Case Example - How to Read and Understand this VA Form (Video). - Veterans Law Blog.htm

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Rocket, to 1 degree or another, we're all in the same VA boat. Appears you found Hadit early on in your comp claims journey, good for you. The more info you provide, the easier it is for Hadit members to offer our "SAGE" advice.

The majority of us aren't VA Lawyers or Agents, always keep that in mind. We can only offer advice based on our own Claims/Appeal experiences and personal research we've done.

With that said, it's no longer just you & your wife, Hadit members can be of great assistance. However, in the end, it will always be YOUR DECISION to make. Doing your own "Due Diligence" prior to making a Decision regarding VA Claims/Appeals is of utmost importance.

Many moons ago, my lawyer advised me that it would cost a hell of a lot less in legal fees if I talked to him before, rather than after I made a business Decision. Of course, he was right and I eventually got on board.

Semper Fi

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