tdiu My Claim For Tdiu Status, What Happened Now?

[RockyA1911]

You know,

Here is another claim of mine that has disappeared now without a decision. I originally submitted my official claim for TDIU and provided both an IMO MD and VA Neuropsychologist evidence of my unemployability clearly such as the MD and VA N.P. statement that "He is unemployable due to his disabilities."

In rating decision dated 28 December, 2006 in paragraph 6. It stated that my claim for Individual Unemployability is "deferred" pending additional information. In the evidence portion it referenced the IMO MD letter and the N.P report.

Here came the 21 February, 2007 rating decision. The evidence that was present in the Dec decision is still present under evidence. It granted service connection of skull loss and rating of 30% and that was it, no mention at all of the pending deferred IU claim.

I called the 800# this morning and was told all my claims are complete and I have nothing pending. I asked her what happened to my pending claim for IU. She responded with "When did you file your IU claim?" Came back on the line and told me they don't have anything on it. So I copied the claim I filed dated 5 July 2005, attached the page of the Dec decision stating it was "deferred" and again attached the two evidence references listed in both decisions.

I put a cover letter on it demanding the status of the IU claim in writing. I also asked "What additional evidence?" And Where is my claim for IU and what has happened to it now as the VA has had it almost two years and it is mentioned in the last two recent rating decisions.

I don't know what it is with my claims. It appears no matter what, one of them just all of a sudden drops of the face of the earth in the blink of an eye, just like my retro skull loss CUE.

I am beginning to think the VA is just playing with me now. There are just too many coincidences.

[carlie]

They are not playing with you - this happens much of the time.

As has been posted earlier the 800 # is no way to keep track of

your claim process, send an iris injuiry.

I hope the papers you've sent in doesn't slow your other stuff down,

it will probably just muddy up the water a bit more.

jmho,

carlie

[john999]

Rocky

Maybe you need to go to the RO and take a look at your C-File. Going there to see what was going on saved me a couple of years of waiting for my claim to be bumped up to IU.

[Vike17]

Rocky,

What you did by resending in a copy of the iu claim ect... was the correct thing to do. As I've said before, sometimes when veterans have multiple claims going at the same time with different effective dates, single issues may get missed from time to time. They certainly aren't messing with you. You have to remember that your claims folder has been moving around quite a bit with different issues trying to be sorted out. And if your C-file is two feet thick with a mountain of paperwork in side, it isn't out of the realm of possiblity that one sheet of paper (the VA Form 21-8940) can get missed in there somehow. You have sent it in already and the effective date is already set, so you're not going to loose anything if hey approve it. Two years ago when you sent inthe IU application, did you send it "certified mail with return receipt?" I would send an inquiry through the IRIS web page and see what their response is. One also must remeber that he 1-800 people do not actually have your C-file in front of them, they are just looking at different screens on a computer to try and see what is what. Your IU claim is probably still pending and there isn't anything to worry about.

Vike 17

Edited March 14, 2007 by Vike17

[RockyA1911]

Yes I did send the VA 21-8940, but Priority Mail with Delivery Confirmation. I feel that is irrelavant at this point because the 28 Dec 2006 Rating Decision received had the IU issue in paragraph 6 stating that IU is deferred pending addition information. So they have it, and it was there in Jan of 06 when I received another copy of my C-File.

There isn't a lot of stuff going on with my claims. I just have a NOD and CUE all related to skull loss and basically the same and the IU that they were working on and it is documented.

By the way, anybody else hate this new view. It appears the viewing of the website pages are now in "Landscape" instead of "Portrait" like it use to be. Now you have to scroll all the way across the page to read the threads. This needs to go back to the old view of two days ago. I don't understand why T-Bird doesn't fix this. This is not a change for the better of the site.

[carlie]

VA usually returns "DUPLICATE" copies to the veterans last know residence.

jmho

carlie