tdiu Got The Big White Envelope From The Amc After Years!

[LarryJ]

Yup.

Got it.

Not as much as I had expected/hoped, but SERVICE CONNECTION, by golly.

I just KNEW that I hadn't been imagining all this, but that it really did happen.

20%

They talk about my "buddy statements". They talk about my X-Rays. They talk about my private doctor's opinion......they talk about a lot of stuff that they used to come up with this rating. And, even though they list as having received my Social Security Disability Determination granting me SSDI......not a word. And, even though they sent me for a C&P, and the C&P doc states that I am in constant of pain (7 over 10) and that it interferes with any activity.....not a word.

Then they say that, for me to be rated at 30%, that I should have no more than 30 - 40 degrees flexion of my ankle (plantar flexion) or 0 - 10 degrees dorsiflexion. THEIR own doc states, and I quote:

"You walk with the ankle extended at a 45 degree angle. Dorsiflexion is 0-10 with pain and plantar flexion is 0 - 30 degrees with pain...."

This is both on the same page of my decision, just a couple paragraphs apart......

Now, where I come from, maybe I didn't learn to read very well.....but?

Is this a CUE, is this a reason to at least NOD?

Should I go ahead and file for TDIU.......three doctors including one VA doctor, and the Social Security Admin. state that I can't work....all due to this injury (bone on bone, constant pain, unable to take NSAIDS (ulcers), unable to stand or walk, etc.). I've already sent in an informal claim for my knee and hip, due to the way I have of trying to get around and that is getting progressively worse, quickly, to the point of not being able to even sit for more than about 30-45 minutes.

Anyway, I am thankful for Service Connection. At least maybe now I have been affirmed in my original claim. And, maybe now I can get some kind of help.

Thanks, BTW, to HADIT and T-bird!

Oh yeah, something else. When do y'all think my retro will be direct deposited?

[Pete53]

Once they collect the evidence pass the file to the raters the speed picks up as soon as rated. One good thing is once its signed off on the VA is pretty good about paying.

One thing to consider is if you want them to move to request that you want the VA to make a decision with what they have on hand. It cuts them off for dawdling and asking for additional reports and information.

[vaf]

My husband has claims (Board remands) at the AMC. The Board remand was dated 10/05, We were notified December '05. The remand went to the AMC instead of the VARO. My husband called the AMC on Friday, and was told the remand has been on the rater's desk since January '07. They wouldn't venture an opinion as to how much longer it would be there. One of the items was on its third Board remand since March 2001 without the VARO following the Board's directives to handle the claim, which is why, I guess, it went to the AMC the third time around. But, we're still waiting.

[Josephine]

Pete,

That is exactly what I did.

After sending the AMC my personnel records for the third time and making sure that the third time was defintely placed into my claims folder.

I wrote and told them that I had no more information to add and to please rate and make a decison with what they had.

I have been told that I was in the over-flow since Feb 7, and perhaps will rate it this month.

They are stating since I have been at the AMC for one year that it is time to rate it. I have no ideal if this means anything or not.

Maybe they have to wait a year to deny you.

Thanks,

Josephine

[john999]

Pete

I sent the VA a letter like you describe on a recent claim and I believe it did speed the process up since I got SC'ed on two conditions within 7 months. Whatever you can do to get them to put the claim in front of the rater without undo dely is great.

[Pete53]

Vicki:

Have you considered a Writ of Mandamus? I know several vets that this helped get the VA off the dime.

[vaf]

Yes, we were kicking the idea of a writ around when we found out the third remand had been given to the AMC. We expected a more timely response than what we've received, which is why, had it gone back to the VARO that ignored it all those times, we would have followed through. I know about serving the VARO with notice of an intention to file a Writ, however, does anyone know anything about filing a Writ against the AMC?