TDIU question

[capitan]

I have a TDIU claim active. 11 months ago I received a VA letter saying part of the claim is deferred. Then another letter saying they are working on my claim. I don't think they got the memo Leave No Man Behind. Does anybody know how long I will have to wait? Or if there is anyway to check and see what gives?  I am 77 with some medical issues. USMC combat Vietnam vet.

Edited July 1, 2022 by capitan

[Phury & Rhage]

He's not wrong officially.  If it were me, I'd call the White House line.  I would light the fire.  If you were my dad, I'd call for you (you are too young to be my dad) 

Phury

[pacmanx1]

On 7/1/2022 at 6:38 PM, capitan said:

I am 77 with some medical issues. USMC combat Vietnam vet.

Yes and no, due to the fact that you are a Vietnam veteran, the VA should look at more than just the 85 years old part.

 

Regulations require the following to be expedited:

·         Any claimant who is

·         Diagnosed with Amyotrophic Lateral Sclerosis (ALS) or Lou Gehrig’s Disease

·         A participant in the Fully Developed Claim (FDC) Program

·         Experiencing extreme financial hardship, or

·         A survivor of a former Prisoner of War (FPOW).

·         Any current or former member of the Armed Forces who

·         Was very seriously injured/seriously injured (VSI/SI) in service and is not already receiving Department of Veterans Affairs (VA) disability benefits

·         Is an FPOW

·         Is homeless

·         Is terminally ill

·         Is more than 85 years old, or

·         Received the Medal of Honor.

What You Need to Know About Expediting a Claim - Hill & Ponton, P.A. (hillandponton.com)

 

Edited July 5, 2022 by pacmanx1

[capitan]

This is the latest email from my VSO...

Yes, I have access to VBMS. The claim is still pending.

As for expediting due to advanced age, if it is a claim at the Regional Office level, then you must be 85 years old. If it is an appeal at the BVA, then you need only be 75 years old.

 

I am becoming increasingly discouraged. I am 77. The claim is almost a year old, with no solution in sight. My claim is supposedly in the cue, but who knows where. It is with the RO which could mean since I'm not 85, what's to keep them from ignoring it until then. With no way for me to check and know the disposition, it's decidedly convenient for them. I will call the White House no. but don't believe it will help. It's sad that the system for treating our country's best is broken. 

[asdf]

Your VSO can check in VBMS and then look to see the next suspense date which will let you know what they are working on and when it will be addressed.  Your VSO can also call the VSO hotline to ask them to move it forward if it is stuck or file a 4138 stating it is not being worked on and for them to assign it to someone to address the reason for stagnation.

[GBArmy]

The criteria to expedite at the VA is 1)Financial hardship or homelessness, 2)advanced age (85), 3)terminally Ill, 4) ALS disease 5) very seriously ill or injured during military ops, 6) former POW, or 7) MOH or Purple Heart recipient. Why it's 85 for RO and 75 for BVA is really stupid.

[capitan]

My VSO said...I called our VSO line and spoke with a surprisingly unhelpful person. I explained the situation and the rep said, ”the VA has everything they need, if it is later determined that something is required, the VA will reach out to the veteran”. I re-emphasized that is has been over 400 days and there has been no action taken. I also let him know that the suspense date for completion was dated 10-2-2021. The rep said “ I have placed a note in the members file” and “That is all I can do”.