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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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Gastone has given great advice.  File your NOD, as he suggested, and the applicable I9, too.  Have the decisions in front of you, and keep their reasons and bases in mind when you appeal.  If you can, refute their reasons and bases for denial with evidence.  For example,

"While the August, 14 VARo DECISION STATED, "There was no evidence of a disability in the claim file", Dr. P, on 12-1, 2015 stated, "The Veteran has PTSD".  

This is the format you use to refute the VA's reasons and bases for denial.  

1.  Cite the reason for denial.  

2.  Cite your evidence that the reason was incorrect.  

When filing your NOD/I9, avoid the term, "I think".  Instead, use the term instead, "Dr. P on his exam dated conflicts that statement, when he stated, "(then cite the docs report)".  

Understand, the VA does not care what we think.  Get over that.  Cite what the doc says, or what the regulation says, not what you think.    I even like the Marine Corps ploy of not using pronouns.  Dont say "I".   Say, Dr. P says.  Or The regulation says, then cite reg.  

Edited by broncovet
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Something I need to make note of is as part of my original NOD I had asked for an  increase in my PTSD rating which I received. Went from 50% to 70%.

Im going to file the NOD regarding my SOC. Im going to also turn in VA Form 21-8940. Working on that now, The SOC states that I didn't submit new evidence . Seems like everything I submitted for my PTSD increase was new evidence .

Thanks

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I have three issues that were brought up in my SOS. TDIU,High Blood Pressure related to PTSD and Tremors related to PTSD. The TDIU I'm going to appeal. Im thinking of not appealing the blood pressure and tremors at this time. Perhaps at a later date when I can accumulate more evidence. As stated previously I received a bump in PTSD to 70%. My thinking is this is new evidence for my TDIU claim. I think thats what I need to focus on. Appealing the TDIU and submitting VA form 21-8940. I need to take some things off my plate. ITS TO FULL!!!!

Your thoughts

Thanks

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Im not clear on how to send in my VA Form 21-8940 and my appeal to the Board of Veterans Appeals. I have so much information I don't want to fax. I want to post it on E Benefits and then take and submit the same at the Los Angeles regional office. The SOC brings up the point to send per the instructions in the SOC. I can't find anything that address's that issue. If its posted on E Benefits wouldn't that be the gold standard?

Thanks

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Forget about the Hypertension & Tremors, for now, they are of limited SC value. Concentrate on the IU Denial. The fact of the matter is that the DRO Denied your 2nd Bite of the Apple.

That SOC tells you everything you need to know. Did you look at the Atigg SOC Vidio I linked for you? If not do it now.  There's still a possibility of an RO IU Award. You have to pull yourself together and COMPLETE the 21-8940 and hand carry IT and a Statement In Support of Claim Requesting an "Official Review of your Recent DRO Denial" based on the submission of the Attached 21-8940.  Semper Fi        

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Problems posting, bare with me.

What seems to be the problem completing the 21-8940? You failed to complete and return it well before the DRO Review Decision and it appears you still haven't completed it as yet. Send me a msg if you want to discuss it.

When you first look at your SOC, 32 pages intimidates you right away, would me too. After watching the Atigg SOC Video and reviewing your SOC, you only have to concern yourself with the first (2) pages and the last 4 (part of 28 thru 32). Your necessary actions are spelled out for you.

1st and foremost, get the 21-8940 & an Official Request for Review of the Recent DRO IU Denial Hand Delivered to the Intake Desk at your RO. 2ndly you must file the Form 9 by, if my calculations are correct based on the 5/19 SOC Letter, no later than July 13. I know, 7/18 appears to be the 60th Day, but you're a procrastinator like myself, so why take a chance.

I don't think you need a VA Lawyer or Agent just yet but you certainly need to get Repped by a VSO. Usually, you'll find a number of VSO HQ's on the same floor as the RO. Find one that's staffed and discuss your situation with a Sr (Well Seasoned) Rep.

Semper Fi 

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