How to determine the status of my claim

[namvet66]

My name is Gregory John Kleven (Not Jr. as on my VA medical ID) and I am a veteran currently rated at 90 disabled. In August of 2016 I asked VVA vet case worker to help me file a claim for 100% disability. He recommended that I file a claim asking for 100% disability based on "100% unemployable". So that is what we did. It's now been almost two years and I have no idea as to the status of my claim. I did all the required medical tests that the VA wanted yet they say I didn't cooperate with their medical investigation. I live in Viet Nam so I know it's hard for the VA to communicate overseas but they are also supposed to notify my vet rep in writing of any changes in my case. So even if I am out of the country my rep should have known. He tells me he doesn't know the status of my claim as he has heard nothing from the VA. My last contact with the VA was a document from them sent in September 2017. It was exactly the same as a document they had sent to me in June of 2017. They just changed some dates on it. The US Consulate here in Ho Chi Minh City have all the documents related to my medicals tests done here and the documents showing that they were sent and received by the VA. I would appreciate any help that you could provide and I can provide you with more information to prove to you who I am. If my case has been denied then I want to file a new claim.

[Berta]

I was directed from this page:

https://www.benefits.va.gov/persona/veteran-abroad.asp

that says:

“To speak to a benefits representative at an American embassy or American Consulate:

• • Visit Social Security’s Foreign Country Service Information page. This page provides a list of Federal Benefits Units who have specially trained staff who can provide a full range of VA benefits assistance to include claim submissions.”

 

to the following page

 

“Vietnam
Federal Benefits Unit
United States Embassy
1201 Roxas Boulevard
Ermita, Manila 0930
Philippines
Phone: 632-301-2000
Fax: 632-708-9714 or 632-708-9723

 

Email: FBU.Manila@ssa.gov “

It says SSA email but apparently they are involved,per the above statement, with VA claims as well.

Is your Vet rep in Manila?
 

 

 

 

 

 

 

 

[Buck52]

Are you certainly sure this VVA Case worker even filed for the claim for IU? claims now are entered into the new VBMS and require the correct form  other wise it can't read it and kick it out of the system.

And if your sure he did .maybe he used the wrong form to file the IU  VA will kick it out if he did.

Also you mention some exams the VA sent you for and you went to these medical exams and you did go to these exams..  you need to find out what these exams were for? was it for the IU CLAIM THAT WAS SUPPOSEDLY BEEN FILED?

 You mention ..>''The US Consulate here in Ho Chi Minh City have all the documents related to my medicals tests done here and the documents showing that they were sent and received by the VA''

Was this for the IU Claim in question?  or was these documents from your older claims that you receive the 90%  S.C. for?  If you not sure  go there and request these records and read them.

After waiting 2 years  I don't think the case worker even filed this IU Claim for you..unless your certain he did and you seen him send it in on the computer or you seen him mail the envelope..After a few weeks you should have recieved a letter from the VA letting you know they recieved your Application form for IU.

Never Assume anything when  it comes to dealing with the VA.

Does  your VVA case worker Rep  work out of Saigon?   ( via Internet) if so go back to him/her and double check on all the things that has been mention in the above post.  you got some very good information from the above hadit members.

Edited August 27, 2018 by Buck52

[kanewnut]

On 8/26/2018 at 9:26 AM, Buck52 said:

To request IU you need to use the IU Claim form and attach a letter from your Dr render you unemployable and that you can't work or sit more than an hour at a time  to do sedimentary  work due to your S.C. Disability.

Where is this in 38 CFR or M21-1? I have been trying to research this but so far have not found this!

[Buck52]

you can find M21-1 here,  the Adjudication Procedures 

https://www.benefits.va.gov/WARMS/M21_1.asp  

Depending on what your trying to find out

 I really have no Idea what the hell your talking about sir

Being you sent me  my quote from above post?  ' 'To request IU you need to use the IU Claim form and attach a letter from your Dr render you unemployable and that you can't work or sit more than an hour at a time  to do sedimentary  work due to your S.C. Disability''

 If your looking for the IU FILING FORM  FOR IU OR FOR INCREASE here it is.

21-8940

Also a letter from Voc-Rehab councilor  '' stating that it is  not feasible to retrain this veteran at this time due to his S.C. Disability''s'' Helps to get IU.

 Note  to the  Original  poster Never meant to get your post off topic. Sorry about this

You got some great Advise from  elder members Ms berta and broncovet.

 

Edited August 28, 2018 by Buck52

[Berta]

The TDIU criteriae in M21-1MR  are here:

www.benefits.va.gov/warms/docs/admin21/m21_1/mr/.../m21-1mriv_ii_2_secf.doc

M21-1MR, Part IV, Subpart ii, Chapter 2, Section F 

M21-1MR implements established VA case law and regulations.

The TDIU regulations are here:

"§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: ProvidedThat, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue."

https://www.law.cornell.edu/cfr/text/38/4.16

 

I know plenty of TDIU vets who can stand or sit for more than an hour.I also know plenty who did not need a letter from their doctor to get TDIU.They were awarded on the basis of a favorable C & P exam.And/or a SSDI award solely for the same disability.

Gregory, you said you are at 90% now (SC)

The VA -once you went to 70% and over  (at 90% now)% should have considered you for TDIU as an inferred issue.

You need to have a copy of your C file, unless you still have the 90% award letter.

If the VA did not consider you for TDIU, that would be a CUE (Clear and unmistakable error).

If they did consider you for TDIU and denied TDIU- then they had to give you their medical rationale as to why they did not find you eligible for TDIU.

Their rationale is what you might need a doctor's statement for. 

 

 

 

 

[kanewnut]

On 8/27/2018 at 8:27 PM, kanewnut said:

To request IU you need to use the IU Claim form and attach a letter from your Dr render you unemployable and that you can't work or sit more than an hour at a time  to do sedimentary  work due to your S.C. Disability.

I will say again, where is this located at? I have looked at M21-1 and don't see even in the examples this information. So, again where is this in the regulations or M21-1? I have been unable to find it!!