TDIU

[Combat eng]

I haven't worked since 2009 and was awarded SSDI in 2014. When I filed for TDIU I included my award letter from the SSA. There is no mention of SSDI or SSA in the evidence that the VA used to make their decision. I know they had it because I included it in my claims packet. The awards letter states vocational expert opinion and only include my service connected condition as the reason for me being granted SSDI. Should I see this in the evidence the VA used to make their decision?

[Buck52]

We need to try to get these things solved before filing a CUE (JMO)

[broncovet]

As Berta pointed out, you can file CUE, NOD, or both.  "If" you have to chose one of these 3 (1.Cue, 2) Nod 3) both), then I would opt for filing a NOD if you are within the appeal period. 

While I agree the CUE OR the NOD could achieve the same result, there is a reasonable chance if you file a Cue (and lack experise needed to file CUE), then you definately should ALSO file a NOD within the 1 year appeal period if the Cue is unresolved before then.  

CUE--This takes a high skill level to suceed.  You need to understand and cite the regulation VA violated.  They are not hard for Berta, she is our resident Cue expert.  

NOD--The bar is lower to succeed.  If you can fill out the nod form and send it to the right address, you can win this claim "even if" you gave an erroneous reason for filing the NOD.  Example:

I filed a NOD for an EED arguing that I had filed earlier than the VA alleged, and the VA lost my application.  I still won the EED, but NOT for reasons I argued.  Instead, they granted me an "extra year" of effective date because of 38 USC 5110 (b) 3, which reads:

Quote

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

In other words, I won an EED by filing a NOD, not because I knew anything, but the BVA knew about 38 USC5110 (b) 3  "even tho" I did not.  You wont get away with that with CUE.