Filed for disability July 2021

[VeteranNadine]

I filed for disability in July 2021. My case has been stuck in pending decision since December 2021. I received one letter apologizing for the delay in Jan 2022. I filed for 10 conditions some for secondary and some for increase  and submitted a lot of evidence.  I figured the delay was because of that. 

Now I'm in a panic state that something is wrong with my claim since I've not heard anything since January.  Is it possible the delay is just due to the amount of stuff I have filed for and amount of evidence I submitted? I'm concerned I did something wrong.  My anxiety is really high about this.  

Is there anything I can do just to find out what's going on? Thanks.  

[Richard1954]

I don't know what the problem would be. I have submitted 6 claim between June 2021 and April 2022, and they were all rated and returned under in about 35 -40 days.

[Phury & Rhage]

On 6/10/2022 at 3:25 PM, VeteranNadine said:

I filed for 10 conditions some for secondary and some for increase  and submitted a lot of evidence.

Hi VeteranNadine,

Have you been contacted for your increase exams?  At a minimum, those should have been requested.  If you have not attended an increase exam(s), then the first thing you should do is call your VSO/1-800-827-1000 and find out if the exams have been requested.  If you call, you can have the call center enter documentation that you haven't been contacted regarding the increase exams and you would like them scheduled ASAP.  It is also a good idea to follow up that communication by submitting a VA Form 21-4138 Statement in Support of Claim that reiterates what your concerns are and indicates your willingness to take exams.  You can upload or fax that form.  Depending on where you are, there could be logistical problems in scheduling your exams so it's possible that the delay is due to problems with scheduling.

If you get any updates/have any specific questions, please post here.

Good luck,

Phury

[VeteranNadine]

Hi. I JUST got my decision letter yesterday. I got 90%. With my conditions I am SO close to 100%. Thanks. 

[brokensoldier244th]

It will take a 40-50% to get over the hump. You are 10-ish% able ( depends on the actual percent not the rounded number) so a 40-50% of 10 is 4-5, added to your current rating, which should put you over. 

 

Do you have neuropathy, too? That adds to the rating also. For an initial back rating they are supposed to account for that also, if it's in your records. If you have it in more than one extremity you get a bump, also due to bilateral factor. You can appeal with a supplemental (21-0995 or 0996). Difference is with an 0995 you can add new and relevant evidenced. An 0996 is just a higher review of the existing evidence. 

Edited August 1, 2022 by brokensoldier244th

[Lemuel]

Nadine, are you employed?  If no, you are probably TDIU 100% if you ask for it.  I received TDIU back to 1985 in April of 2020 even though I was employed part time 1987 to 1990 on a claim I filed to TDIU in 1987 because my employer had to make special arrangements for me to enable me to do the Job. 

I did receive SSDI from September of 1990 in 1996 before that having given up trying to work even part time because of my TBI residuals. 

When I filed the extra-schedular claim in 1987 for TDIU it was ignored until my BVA Judge found it in 2017 and referred it to the Director, Compensation Services then.  If you are 90% and not working, it is a given.  (can't think of the proper legal term at the moment)

[Lemuel]

Submit an extra schedular claim for TDIU if you have not worked for more than a year full time.  It will go back to your last day of work.  Otherwise it will only be granted from the date of your claim and it will be investigated at the VA Central Office by a DRO for the Director who does not want to lose on appeal.