tdiu Tdiu Problems Again! Whew!

[RockyA1911]

Well, I just received a letter yesterday. Not from my VARO of jurisdiction in Chicago, IL but from VARO in Cleveland, OH dated 4 April, 2007. It stated they were processing my claim for I/U and stated they received the I/U claim dated 26 February, 2007. It was the standard boiler plate with the VCAA form, VA 21-8940, etc and asking for proof of disability, medical evidence etc., as if this was a brand new claim.

Keep in mind I submitted a VA 21-8940 dated 5 July, 2005 along with MD statement of unemployability and the VAMC Neuropsychology Evaluation stating I would be severely compromised in employment and social environment situations.

Further, the same VARO in Cleveland, OH just furnished a rating decision 28 December, 2006 awarding combined rating of 60% AND DEFERRED CLAIM FOR UNEMPLOYABILITY PENDING ADDITIONAL INFORMATION. (Also is proof the I/U claim existed prior to 26 February, 2007)

Again the VARO in Cleveland, OH furnished another rating decsion, 26 February, 2007 awarding combined rating of 70% with effective date of 11 July, 2005.

All of the same medical, both IMO MD, and VAMC C&P and NP Evaluations are listed as evidence in both rating decisions received. Yet this is the third time I have been asked to submit this evidence.

I sent them a complaint on IRIS and demanded they furnish me a copy of a claim for I/U dated 26 February, 2007 because there isn't one. If there is it is fraud. The only I/U claim I filed was 5 July, 2005 and with the same evidence that is already listed in both recent rating decisions. I also demanded to know what happened to my 5 July, 2005 I/U application VA 21-8940 dated 5 July, 2005.

Does this qualify for the issuance of a Writ of Mandamus? It is almost two years now, and I will not start all over again from the beginning with an effective date of 26 Feb, 2007. I have been unemployed now 3 years and one month and my claim for I/U is going on two years old.

Then I get this BS in the mail yesterday when I was expecting a decision on the I/U.

I just had to vent.

[john999]

Rocky

Your TDIU application may be in your C-file as T-bird says. You know the VA almost never looks in your file. They would not even look in my file for my DD-214. The IU form may be sitting in your file gathering dust.

[Pete53]

I have not met a veteran who reviewed their "C" file and did not find a surprise or two. Its absolutely to be current on what is in the file. Not knowing can kill a claim.

[cloudcroft]

jbasser,

Yeah...that's a good idea.

The All-In-One machines have come down in price a lot since they first came out, and just about everyone has a phone line (except me), so faxing something in (unless they need the originals) PLUS getting the fax transmission confirmation would be a good idea for Rocky since he can't take stuff in personally.

But he needs to do something...

It's unfortunate, however, that vets have to overcome -- as if they don't have enough to overcome already with the claims proces -- the VA's "expertise" in losing documents.

-- John D.

Call RO and get their fax number and fax it to them. You may have to go to a Kinkos if you do not have a fax machine. By the way, a fax can print out a confirmation sheet that it was received. Fax machines like a HP all in one is 69 bucks at Walmart.

[RockyA1911]

I have a All In One machine with also picbridge, it's a Dell. I'm just going to make copies of the NOD and CUE submitted to Chicago in March and send them registered with signature confirmation to Cleveland since my file is there and not in Chicago. Then Chicago can figure it out what happened to my submissions in the meantime.

All in all, the Tiger Team could not have furnished a "Deferred Decision for I/U claim pending additional information" in the rating decision dated 28 Dec, 2006. They had to have had the Form 21-8940 or otherwise how would they have known to rate a claim for I/U if it wasn't present prior to Feb,2007?

Sometimes it makes me feel as if they are brickwalling my submissions.

[Berta]

Pete is right-

I was stunned at what my c file revealed 2 years ago-all the stuff they said they never got- and as soon as my claim is decided I will ask for copies of what else is in it now.

My claim has had recent movement so I dont want to stop the process at this time- to ask for copies of what is in it.

But I know I will be surprised.