tdiu Good News And Bad News Today

[Nathan104]

At the end of November I had sent in a request for the temporary 100% rating for the 3 month convo period following my back surgery along with a claim for depression.

I had been seen in service for the depression and have just started treatment with the local VA clinic. I have been working on getting the mental health records from my old post as they are not included in my SMR's. There are only two pages in my SMR's that mention depression and they show where I was referred to mental health but nothing from my time being seen for it. Fort Rucker is being very slow in getting me the records even though they told me over the phone they found them.

Time was getting close to the 60 day mark so I called the VA and told them I had evidence to send that I was waiting for. They said they would put a hold on my claim and state in the notes not to rate it until I sent in the additional evidence. I also sent in the form stating I had more evidence for the claim.

Well, today I got a big white envelope granting my temp 100%(the good news) and also denying my depression claim due to lack of evidence! Well great. So now, I have to go through the appeals process for a condition that should have no problem being service connected in the first place. The reason I didnt have the VA acquire the records is I have heard bad things about their results and did not trust them to get the complete records. I was going to get them myself and highlight some stuff and send them in with a letter. This just sucks.

Also, last week, I just sent in my claim for TDIU based on my back, med side effects and depression. So, I dont know if they will look at it and say I was denied SC for depression and deny the TDIU right away based on that.

Im hoping that I have the depression records by the end of this month to send in. Not sure if I should send it all in and request a reconsideration or if I need to file a NOD and go that route. I just wish they would have actually done what they said and put the hold on it. ARRRRGGHHH!!!

[Berta]

Nathan- congrats on the temp 100%-

"I was going to get them myself and highlight some stuff and send them in with a letter." Good idea- if I were you based on what you stated here- I would attach whatever you can get to a Request for Reconsideration on the depression claim. But a Request like this does not stop the NOD clock.

That TDIU claim is a foot in the door there and those records you are waiting for can help that too-

Have they formally acknowledged the TDIU form yet?

They couldnt defer it in the decision because it might be still in the mail room.

I sure am glad they didnt give you any BS on the Temp 100%.

[Nathan104]

Berta- thanks for the reply. Im sure the TDIU claim is still in the mail room as you stated as I just sent it a week ago. I guess I will ask for the request for reconsideration. Its just so annoying that they didnt hold it like they were supposed to.

You dont think they would automatically turn down the TDIU since part of it is based on depression which as of right now I have a denied claim for do you?I will probably be 3-4 weeks before I finally get the records Im waiting on for the reconsideration. Im worried about them doing that.

Im also glad about the temp 100% being granted. I kept thinking it would take more than a letter requesting it, a note from my surgeon stating the convo period and my surgery report. But, no problems with that. And It only took 3 months.

[Vike17]

Nathan104,

You do not need to go through the appeals process. When you receive those records from Ft. Rucker, just send them in and write a short cover letter stating you are submitting "new" evidence and request the VA "reconsider" their prior rating decision of (insert date).

The VA will work the IU claim and the "reconderation" together.

What is your current rating for yur back?

Vike 17