Advice requested...

[Jamezam]

This post is about seeking the best advice for my next step(s). I'll try to be as succinct as possible, however, we are talking about the VA compensation process.  

I received a BVA decision in December 2018, most appeals were denied, however, the important one’s, back increase (40%) and SC for migraine headaches, although zero percent, were granted and the BVA judge also stated:

TDIU: VA treatment records have raised the issue of TDIU as part and parcel of the claims for increased rating; the Veteran has submitted several records indicating findings by VA that he is not employable at present due to his service-connected disabilities. This claim has not yet been adjudicated, and further, in light of grants of service connection and increased rating herein, required additional development.

I currently have a total rating of 60% and the VARO TDIU decision states:

Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. This case has not been submitted for extra-schedular consideration because  the evidence fails to show you are unemployable due to service connected disabilities. (38 CFR 4.16).

I received a fully favorable decision for SSDI by the Social Security Administration and VA Vocational Rehabilitation and Employment Services States:

After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time.

I had a VA/social security attorney, whom I felt was not meeting my needs as there was very limited communication on their part, I’d filed a complaint with them letting them know, I didn’t need hand holding, however I do expect my representative to take action on the BVA decision, appeals, CUE, etc. It seemed like they weren’t interested in working on my behalf, and I kind of felt like they were just waiting for a positive VA decision so they could get paid. I am completely aware VA things take time, and I’ve been battling the VA for three decades now.

Anyway, I decided to contact CC&K and they informed me they aren’t interested in taking my case. I’ve already filed a NOD and I have no idea what’s going on with the VARO remand response to the BVA.

I’m almost sure, I can win an increase for my migraine headaches rating and entitlement to TDIU via pro se representation. However, I would love to have some assistance and not sure if I should keep contacting attorney’s, VSO, forum buddy, or go on my own. I’ve only had one attorney in all the years I’ve been pursuing my VA compensation rights, my previous VA claims were won on my own, and I’m almost positive both my SSDI and BVA claims were granted without any assistance from the attorney. They got their VA 20% and SSA $6,000, so I figure were good and it was time to terminate our agreement and move on.

Thanks in advance…

 

 

 

[Buck52]

Please other members chime in here  this Vet needs help or an explanation of his case.

what does he need to do next?

[Guest]

58 minutes ago, Buck52 said:

Please other members chime in here  this Vet needs help or an explanation of his case.

what does he need to do next?

BUCK/JAMEZAM, Please forgive my language but at this point unless the veteran can get his congress critter involved or maybe the white house it is really not too much he can do.  The veteran has already filed a NOD in which he had/has one full year from December 2019.  His evidence looks good and the DRO may request new C & P exams but the no show is what hurt the claim.  Yes, the veteran was not notified in time and or VA C & P exam was too far away, now that the appeal process has begun it is just hurtful.  I hope someone else have better insight but the roller coaster has already started and the veteran would need something special to move it in a way to favor him. Referring to the time frame of completion.  I remember getting my congress critter involved, the only thing it did was get me a faster denial.  The veteran put all his eggs in one baskets and the basket sunk.  Meaning, filing a claim for TDIU when he did not meet the minimum requirements.  For VA, this is like killing a flock of birds with one shot.  VA could a deny the lower claims and then  deny the TDIU stating that the veteran did not meet the minimum requirements so basically all or most claims were denied with one shot. As for the appeal, it looks good but how far will it have to travel to get approved is any bodies guess.  Make sure you fill out the proper forms even if you state "SEE ATTACHED".  It would be a shame to not properly file your appeal.   

[Buck52]

Well,

broncovet had some good advice above in a thred , he needs to request another C&P Exam and let the C&P OFFICE know what happen that  he did not get the C&P LETTER IN HIS MAIL TO ATTEND THIS EXAM.

BUT HE NEEDS TO TAKE FAST ACTION ON THIS MATTER ASAP.

..This is not the first time something like this happen.

  now if to much time as went by  I am not sure what they will do???

but usually if the Veteran contacts the C&P Office and let them know why he was a no show  they will usually order up a new C&P Exam.

I would call the washington Hotline#

White House VA Hotline: 1-855-948-2311. Calls are answered by a live agent 24 hours a day, seven days a week, 365 days a year.

OR THE 1-800 827-1000

[Jamezam]

UPDATE: I contacted the White House VA Hotline (thanks everyone for that suggestion) and was beyond shocked they were helpful. In fact they connected me to a live person at 800-827-1000.

So the current status is that the BVA is questioning the VARO about why they denied TDIU and have re-remanded back to the VARO and requested a SSOC. Meanwhile, a DRO is currently reviewing all of my information, my newly submitted evidence, and my NOD from January 28, 2020.

As far as the missed appointments, VetFeds claim they attempted to contact me several times via phone and by supposed letter. The person I spoke to stated my phone number and address are correct in their system. I've never had any issue with QTC or VES and don't understand the VA constantly switching contractors. None-the-less, I still plan to challenge the examinations with support from Resolving the Ambiguities in 38 C.F.R. § 3.655 An Analysis of the VA Regulation Governing the Failure to Report for an Examination and Unwarranted Medical Reexaminations for Disability Benefits.

It's my opinion that mine is a great example of clearly having all the evidence needed to qualify for TDIU, having just had three examinations within months of the VA requesting more examinations for the same claimed conditions, and the VA erring in there application of the M21-1 Compensation and Pension Manual and CFR's.