Appeal or Supplemental Claim

[Smirak]

So I got my decision letter a week or so ago.  I was denied increase fro 70% PTSD to 100%, due to me not meeting the criteria for 100% according to the CFR.  I was also denied TDIU because my former employers would not send back the 21-4192.  I had an appointment with my local VA office and they were clueless.  They stated that since it was my responsibility to ensure that the 21-4192 were returned, and the employers didn't return, that is why my claim for TDIU was denied.  However, 

So, the question is, what's the better option?  Should I appeal the decision, or should I open a supplemental claim?  I have also read that if the 21-4192 is not filled out by the employer, it cannot be used negatively against the veteran in the decision making process.  

 

How should I proceed?

Thanks,

Kevin

[Mr cue]

My?  can't you apply for voc rehab and have a opinion don't for free.

The va used my voc rehab records for my granted if tdiu.

And for the 8 years retro.

 

 

[deedub75]

1 hour ago, Mr cue said:

My?  can't you apply for voc rehab and have a opinion don't for free.

The va used my voc rehab records for my granted if tdiu.

And for the 8 years retro.

 

 

I applied for VR&E to help my SSDI claim knowing full well that I wouldn't be approve for VR&E. 

My VR&E counselor had my primary care doctor fill out some paperwork and my doctor basically said that due to my health conditions, I couldn't do any type of work. VR&E denied me saying that it wasn't feasible for them to help me due to my disabilities. I sent the denial in as part of my evidence for my SSDI application. I'm not sure how much it helped but I did end up getting approved for SSDI at the hearing level.

[Rivet62]

2 hours ago, pacmanx1 said:

Bronco, can you separate these posts from the OP (Original Post). Smirak and Rivet62 should be two separate threads. 

Oh. Sorry about that...I didn't realize I had strayed from the OP post. 

[Mr cue]

Same thing here the voc rehab  stated I was untrainable.

I used that as evidence for my tdiu.

 

[pacmanx1]

37 minutes ago, Rivet62 said:

Oh. Sorry about that...I didn't realize I had strayed from the OP post. 

This is nothing negative on your part, it happens. You could actually get more responses by starting your own thread. It would benefit both you and the OP. In trying to respond to posts, I try to start at the begging and there are times when there are a lot of responses, and the best response comes from reading through it all. I don't want to respond to the wrong person. 

Edited January 6, 2022 by pacmanx1

[Smirak]

Well, I figured I’d come back and answer this question/topic as my info may be helpful for others. Sorry for bringing up and old thread.

When I got my decision letter back in December, it was apparent that the mistake was on the part of the VBA. They citied the reason it wasn’t approved was because they never received the 21-4192, employers statement, back from my two previous employers.  Well, the law states that cannot be a denial reason by itself, but my decision letter went on to state that I met all the requirements.

Anyway, long story, hired an attorney, filed an appeal on April 21, adjudicated on May 13 as increase to 100% P&T for my PTSD, this making the IU a moot point. I also applied for, and received my SSD in a timely manner as well. That was 6 mos to the date from when I applied.

That said, there were a few things I did differently on my appeal… a) I went to jail after the first C&P exam b)I went to an intensive outpatient program at Rush Univ Med CTR (through WWP, warrior care network for anyone interested) c) I had lay statements from former colleagues discussing my issues that prevented me from working.