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.

[kanewnut]

11 hours ago, Berta said:

The TDIU regulations are here:

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

I have read through this many times. No where does it say you need a doctor's letter or a Voc Rehab letter. The M21-1 examples do not show this either. I just want to know where this comes from.

[namvet66]

I want to tell everyone who has been responding that I received a letter from the VA Evidence Intake Center in Wisconsin. The letter was dated August 9th, mailed on August 14th and I received it here in Saigon on August 28th. After reading it I am still not sure what it all means. The letter states, "The issue of whether or not you are entitled to Individual Unemployability is deferred for the following: additional development". I don't know what that means and the letter offers nothing about additional development. Toward the end of the letter it says, "You should receive your first payment within 7-10 days of this notice". I checked with my bank in California and there has not been any deposit. I had the letter scanned and sent to my vet rep. I hope that he will know what's going on and what I have to do to get this finalized.

[Berta]

I am assuming they made an award, but I dont understand it either-at this point-

if you are 90% now, maybe it was for 100% but then why would they defer TDIU?

I got lost here on your issue trying to find anything in the regulations as to the post from Buck-

Neither I or Kanewnut have found this "regulation" in M21-1MR--------

We need a link-maybe it is a new regulation.....

But this is Good news in the sense that you have heard something from them.

If it is still a 90% maybe they made a past CUE and corrected it?????

 

 

 

[Buck52]

On 8/27/2018 at 10:44 AM, Buck52 said:

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

you guys keep pondering I mention the M21-1 Regulations in my post as a fix to this veterans problem !

  ITS NOT A FIX its just for him to read about the M 21-1 ADJUDICATION PROCEDURE! 

This is confusing to me as now from the letter he recieved from the VA

 below in part  is this veteran quote a letter he recieved from the claims intake center.

''The issue of whether or not you are entitled to Individual Unemployability is deferred for the following: additional development"

IS THIS A REMAND? or are they rethinking this and give him an increase to bring his rating of 90% up to the 100% scheduler?   why would they say additional Development?

Note:

Please just forget about the M 21-1 ...I should not have posted that it was read out of context and my meaning was directed for this veteran to read about the adjudication procedures in the M 21   I apologize for the miss understanding.

With all due respect ,I assure you  both (Ms berta & Kanewnut  please know  I never ever intentionally give out any false information to any Veteran purposely. 

So please stop trying to discredit my intelligence..I spend a lot of time here on hadit trying to help Veterans win their claims  because I love doing it.

   I admit I am not perfect And certainly don't claim to be a top notch Adjudicator  I live and learn just like the rest of the 90% Veterans out there that do. 

So please disregard that statment about the M 21-1

Respectfully  My Reguards

Edited August 29, 2018 by Buck52

[Berta]

Corrections are not to discredit your intelligence-

We get enough erroneous information from the VA itself.

If I get something wrong here I want to be corrected!

I guess I am still ticked off at the time I spent in this thread:

https://community.hadit.com/topic/72430-please-help-my-cousin-daughter-with-fathers-claims/

She did not need any help at all on the claim.

You even discredited her VSO:

The fact is that he did his job perfectly and she had excellent representation.

You said:

“ the VSO they use is not doing or keping them informed and how and what other claims he can file on.”

•  

• Quote 

• Options " They have a  wacko DAV VSO helping them  and he is no help to hem at all , I advise her to get rid of him  he just puts her Dads name and claim # on the forms and what the condition is he is filing on and sends it in.  he don't explain to her about the A.O. And Nehmer Rules." He didnt have to. He did his job the way a claim should be filed.

 

[Buck52]

Get over it Ms Berta I just posted what his daughter mention to me.

The DAV- VSO filed the claim for diabetes ONLY and the VA Dr's  is what help him win.with there detail medical reports.  I do give this VSO Credit for at least filing the Claim

However.

  This VSO only filed for the Diabetes Only. and sent nothing  else in as for as evidence and never kept the Veteran informed, his daughter question him about these other condition her father had  & this VSO Ignored them.

This Veteran was luckly the rater obviously read his medical records  I do not think the VSO help them as much as he should have by not filing for the rest of his conditions , there were 4 other major  military related conditions he is filing on at this time  a waist of valuable time for this veteran when the VSO should have filed on all his claims  and you think this was all the VSO Should have done?  I disagree with you on that .

I did have the daughter to file on this other conditions and I did let her know I found out by you that he would not be getting any retro back from the 70's because he failed to file a claim back then..his daughter got mad at me about that.. she thinks he is entitled to the rerto back to the 70's when he was first diagnosed.    ....>I can't help that.

I did write her back and mention that I would not be helping them she would not communicate and inform me with information I needed to help them.

so this post is CLOSED.

Again Thank you for all your help.