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SDVI Denied

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Hello all, Long story short I was rated TDIU P&T 01/31/2018.  I recently filed for an increase and was raised to 100% P&T scheduler on 12/20/2019. I was under the impression that I could now file for S-DVI. I received a letter of denial because I sent my application in on 02/04/2020 which puts me at 4 days over my limit! Is there any way to fight this? S-DVI. Below is my denial and the reasoning. I guess this is all on me for misunderstanding my eligibility. 

S-DVI Denial.jpeg

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Unfortunately the VA lives and dies by their dates.  I had a case where they tried to end my appeal to the BVA by stating that I and/or my VSO did not file the proper form 9.  I was lucky in that I filed a statement with my appeal and it used to be that you could file your form 9 on a napkin and have it valid.  The VA has since closed that loop hole.  I know of no way to override a date error on our part.

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The real bummer is when I received my award letter from the BVA in 2018 it was just that, an award letter. It did not go into any additional benefits that might be afforded to me. Now with the most recent increases on Dec 2019 I was granted an award letter with reasonings and also had a page labeled additional benefits, Which is why I assumed I had plenty of time. 

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I feel as though its not even worth fighting at this point, At least I still have ch 35 benefits which is really cool. 

1 minute ago, vetquest said:

Been there @LanceJoseph, I do not have SDVI either.


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