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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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drewdabbs

TDIU as a second filing

Question

This may have been answered elsewhere but as a long time lurker I have not been able to find it. A brief background. I am at 80% SC (70% for a mental health disorder, 10% for a couple of physical disabilities). But nearly all of this has been awarded through BVA appeal process that has been on going since 2009. Part of the appeal has been TDIU. In short the RO did not automatically send the 21-8940 to start the process when I hit 70% RO and I didn't know I qualified. Once I did know I appealed and it became a part of the 2009 ongoing BVA appeal, but joined it in about 2014. A social/industrial survey was ordered (2015) but not completed as the social worker at the hospital completing it didn't know what it was (he thought it was a survey of current patients). So the BVA appeal has gone back to the common BVA Remand to RO SSoC to BVA Remand tennis game for a few years. A mess.

Here are my current questions: I have been awarded new service connections and ratings since the TDIU denial part joined the appeal. I have also moved, so the 2009 appeal is at the original RO where is any new claim would go to my, now, more local RO.

 

1). is there any way possible to file for TDIU now, through my local office since new service connected disabilities are present?

 

2). Just general opinion if you could, but I had been told that it is detrimental to an appeal to request that RO handling the case be changed or moved to the most recent or local RO. Does anyone have any insight if this is actually true? The old RO is a hassle, its keeps sending appointments and decisions to the old address no matter how many times and ways I update my address, for instance.

 

Thanks vets, any help I get I'll try and pay it forward.

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9 hours ago, drewdabbs said:

he change over from the legacy to new system has been confusing me greatly, though so far I think the new system is long overdue.

you are not the only veteran with this issue. There is a new AMA forum on here to help tracking timing etc on the new processes.

Be aware that if you do file an increase claim that is supposed to be considered a claim for TDIU if appropriate. You should be proactive and supply the form and document to avoid delay.

Further be prepared funky status claims from the VA because you do have that Claim on file with the BVA. The new claim will not slow down the BVA case in anyway, but it COULD cause some rater to defer that part of your new claim. Those are two different scenarios you should know about but don't let that stop you from filing.

If the VA awards the TDIU with the new claims, then all the BVA decision would affect is evidence of an Earlier Effective Date. It might just cause the BVA to say the issue was moot because of the new decision. Then you might have to file for an EED after that BVA decision.

Good luck. Let us know what happens.

As for the Address issue, there are several different systems that affect where mailings go. Go to the Director of C&P's at your local VARO and get them to help you verify where all you mailings should go. Bring the misdirected mail and envelopes with you just to show them what is happening so they won't blow you off.

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You can file for TDIu on line at ebenfits just like you do for any other claim....

Eventually, the va will update the address if you sent them the new address.. or you could go to the local va regional office in person and let them know there.....

Even if you have claims in appeals,  a new claim will not slow down any appeal.

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1.  Yes.  File for TDIu if you think you are qualified, that is, if a doc says you are unable to maintain SGE due to SC conditions.  

2.  The "old" RO system has been changed.  Any claim now goes into a "NATIONAL" WORK QUE.   Your claim will be processed in order received on the national work que, regardless of where you live.    So, I dont suggest even trying to "change" your RO, it can be processed anywhere anyway.  

     Your TDIU claim wont be processed seperately.  In fact, there is no such thing as a "stand alone" tdiu claim, they are all now part of a claim for increase.  source:

https://www.hillandponton.com/part5-total-disability-based-on-individual-unemployability/

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Individual unemployability (IU) is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at the total level. To be eligible, a veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have one service-connected disability ratable at 60 percent or more, or two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

Veterans who are in receipt of IU benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment. Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only.

 

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

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      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

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      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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