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

[pacmanx1]

4 hours ago, broncovet said:

VA delayed, delayed and delayed some more TDIU on my claim for years.  They finally awarded 100 percent but not tdiu, saying that tdiu was moot.  

I appealed, and got tdiu, alleging it was not moot because it could result in an earlier effective date, and smc S.  I won the appeal, eventually.   

Interesting you would bring this subject up. Years ago, I filed for TDIU but was actually granted/awarded 100% schedular P & T and my TDIU claim was determined to be moot. I still had one claim on appeal that eventually was granted and the BVA awarded me an EED of TDIU going back several years prior to my 100% schedular rating.

I suggest any veteran that filed for TDIU and was awarded 100% schedular and their TDIU claim was determined to be moot to review their records and symptoms to see if they qualify for an EED of TDIU benefits. The VA loves to miscalculate veterans’ compensation and it could cut years of backpay payments from their awarded benefits. I am currently still in appeal since the VARO did not fully comply with the BVA judge order. 

 

Edited September 10, 2022 by pacmanx1

[broncovet]

When one first files the VA claim, the first question is always "how long".  Unfortunately, there is ONLY ONE good answer:

Quote

Your claim will be completed "not one second" before VA wants to complete it.  

Time estimates vary widely.  Its like saying, "How long does it take to get to Grandma's house?"   

    Well, that depends on where your grandma lives, where you live, and how you are gonna get there (walk, bike, car, plane, etc) and whether or not you will have any traffic weather or other delays.  

    We just dont know.  

    I do agree yours is "too long", but, it may acutally be short if they do a great job the first time, and you get your benefits.  

    For many/most of us that did not happen..we got a quicker decision, but then a much much longer appeal period.  

    I recall, when I first applied, a Vet telling me his claim/appeals had been in progress 5 years.  I doubted that.  But I dont doubt him any more!!!!  

    In fact, most Vets to get their benefits wind up with one or more appeals.  

    Vets advocates often advise Veterans waiting on benefits to "get a hobby".  Yea, I thought that was stupid too..when I first applied.  Now, I advise Vets the same thing.  

    I applied in June 2002.  Denied in November.  Appealed and "won" at the BVA early 2004.  VARO "implemented the decision" at 0 percent.  Thats right..I waited 2 years, finally got sc and 0 dinero.  In 2005, I lost my home and became almost homeless.  I finally saw partial benefits late in 2005.  In 2019, I finally finished most of my appeals.  Its 17 years total, and mine is by far NOT the longest. 

    VSO's often tell Vets it takes "6 months".  Phoey.  I have only ever heard of one person who got serious benefits (100 percent) in 6 months or less.  Most of the rest of us hundred percenters, fought for years.  

    I hate to be the bearer of bad news, but you already know it wont be 6 months.  You may well be one of the few who gets it right away..maybe even tommorrow.  

    I think we earn half of our benefits for the injuries we sustained, and the other half fighting with VA for our benefits.  

    Berta used to say if you dont have PTSD, YOU WILL, after you get done fighting VA.  

    The massive, unnecessary delays are a HUGE part of the reason about 22 Vets per day take their own life.  Dont be one of them.  Hang in there and get your benefits no matter how long it takes.  In the mean time, LIVE your life and dont wait around with baited breath waiting for VA do ...anything.  

[capitan]

Good advice broncovet.  I believe if I had known then what I know now about the VA and how it operates, I would have done anything I could to avoid going in the Marines.  No country is worth my health. Especially a country that won't address or compensate it's brave defenders of freedom in a fair, transparent,  and expeditious way. No vet deserves to be left behind.

Edited September 14, 2022 by capitan

[Marine Corp 69/70]

Capitan    Listen I fought for a ungrateful Country but one thing I can say I’m a Marine For Life  Semper Fi   Brother 

[capitan]

Marine Corp 69/70  Semper Fi Brother

You're right. They can't take that away.. a stong brotherhood. Where were you stationed? What is your health and benefit condition?

[capitan]

I gave myself a sleep study. Twice. I hope I don't have apnea. You would think a device that supposedly costs over 3 grand would work flawlessly. I understand the VA will not grant benefits without a sleep study, and they told me it was the last thing they need before making a decision. Don't know why it took over a year for them to tell me.