VA Decision Letter

[capitan]

I received a VA Rating Decision Letter. I had applied for TDIU. I'm 50% PTSD, 30% cancer residuals, 70% total. I had been sent to several C&P exams. The letter says my PTSD Rating is continued as is, even though I think it should be more. At least they're not reducing it. That won't matter if I get TDIU. The rest of the claims are deferred, including TDIU. It says, "deferred for the following: VA examination." Does that mean their examination of the claims to see if they will grant TDIU? It says, "Entitlement to individual unemployability is deferred." So, I don't have to do anything but more waiting, right? Anybody know how long I'm looking at, and what my chances are? If they deny me, the first thing I'm going to do is call an Attorney.

[ShrekTheTank]

It depends on what point in the process you are at.  Are you at the BVA or the RO?

As for the exam it could mean they want another C&P or they are reviewing your information.  It is a little odd they would send this out without a decision on the TDIU.  It sounds like they need more information to sway it one way or another.  Right now you are in the middle, which in my opinion is not a bad place.  They may call you and talk to you or they will ask for more evidence.  They probably want to make sure you are not employed and have not been.  I am guessing here as they did not tell you.  It could also be a dozen other things.

My advice is to see what they come back with and then come here and get some good advice to move forward with it.  Keep fighting and you will get there

[brokensoldier244th]

Have you filled out or gotten any 21-4192s? If you are being considered for TDIU then we will ask for the last 5 yrs of employer information from you so we can send them to your employers. As for how long it takes, it depends on how fast your prior employers respond (or don't). We make 2 attempts over 30 days or so. You may still get an examination for TDIU, or it may be a records review- hard to say without seeing the claim itself. 

[Mr.B]

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

[brokensoldier244th]

2 hours ago, Mr.B said:

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

If they are already being considered for it then either they don't need to file those, or they will be sent to them. 

[Mr.B]

If submit the form he will shorten the time to be considered and complete the process 

[brokensoldier244th]

No- he already applied for it- the 8940 is the application for for that and he's already done it. So its deferred for review- probably for 21-4192 development or an exam.