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NOD for deceased husbands claims
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Poopsy Woopsy
i am in an NOD for TDIU thus asking accrued thru PTSD. The more work I do the more I find out the more I should have done or I guess my VSO. As in earlier posts, I have said that the only reason they denied the TDIU (which to me was obvious), is they denied it because of an old SSI claim for his back. I will "state" in my NOD that it should not supersede the TDIU/PTSD because I can add some presumptive info that started "Before" the back claim.. (I don't know if it will be as determinative to them, as PTSD can be elusive) Again I'm not sure thats what they even want. It seems they just want me to put in "Words" that it is not predicated on the back situation, which by the way back issues are in his VA med records as a condition as well, but I found where VA stated the back was stable. In doing all this (thru good info like you get here) I realized my husband should have been 100% for DMII. He met all the requirements for 100%. DMII it was originally claimed thru A.0. (along w CHF, ED, PN,) which I hope the new ruling as of Feb will change that. (we could not prove in country because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim. ANYWAY, back to my original point! Can and "Should" I add evidence stating proof he fits the 100% criteria for DMII. and ask for Re-consideration of DMII on presumptive or secondary grounds on the NOD??. (Or do I have the right to, (or shoud I) resubmit it seperately, even though it was previously part of a closed claim) The AO is closed because of "No further proof" but should I not be able to re-direct his DMII on the NOD as a secondary to his PTSD instead? or even presumptive because of so much medical evidence in his VA med files. I am so determined to make them pay for what he "deserves" but I get lost with emotion, and then get lost with where I should go with all the information. What I don't understand is there is a huge amount of medical files all positive for everything claimed, so don't they have a "Duty to assist" in getting it and figuring it out? "Some" of the medical evidence but not much in respect to how much evidence there is, is in his C-files, so "is it" really as easy as sending "more" medical evidence that sits their right in his medical files for them to see? I read where Berta stated not to re-state things that are obvious, so as not to assume "Ignorance" on their part or that they are not doing their job. (I realize they are just "Pawns" in the game) so some more direction would be very helpful to me. Been away for a bit because it takes such consentration with so much information, realizing the more I find out the more work I have to do. SOOOO afraid of making a mistake. AND NO!!! I am too committed to this to hand it over to someone else at this point.. Except for asking verification from my VSO.
P.S. got a new printer so I could send receive or copy info now to help with any info received or replied to. Thanks everyone.. You are what grounds me!!
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