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.

[Berta]

Rocky-

Number one there is no Standard Boilerplate VCAA letter-

after the BS generic stuff at the top they must state in a highlighted or underlined statement-exactly what evidence they need for your specific claim.

And enclose the election form and the pamphlets- (I dont know of any vet who ever got one of them but the GPO printed thousands of these pamphlets off to explain fully the VCAA-at the taxpeyers expense)

BUT your claim is beyond that point and you have excellent evidence.

I suggest that you either fax your concerns to the directors of these VAROs or send another Iris complaint -under Service Complaint- to Secretary Mansfiled Deputy Director of the VBA.

That way the VBA will have to determine where your claim should be and who is supposed to be coordinating the evidence with the proper TDIU claim and with the proper filing date of the 21-8940.

This is not an issue for a Writ of Mandamus yet -

it is an issue to get your claim handled properly by the right VARO and to get the right EED determined.

VARO Chicago Ill Michael D. Olson Director

Fax 1-312-706-6668

VARO Cleveland OH Bradley D Mayes

Fax 1-216-522-3518

[RockyA1911]

This is the response I just received this afternoon. Same old BS I got the last two times. They won't answer to what happened to the VA Form 21-8940 dated 5 July, 2005 and they had to have it previously to have deferred the I/U claim in the Dec 28, 2006 decsion letter. Definitely prior to 26 February, 2007. They just won't answer that one at all!!!!!

Response (Department of Veterans Affairs) 04/10/2007 02:58 PM

Dear Mr. XXXXX,

It appears that we have not received a VA Form 21-8940, Veteran’s Application For Increased Compensation Based on Unemployability. We cannot grant benefits without an application. Our letter dated April 4, 2007 asked you to complete the application and return it to us. Once we receive it, we will make a determination (at the time of our decision) of your effective date and you will be notified in writing of our decision.

We apologize for any confusion. Thank you for visiting our website.

Sincerely yours,

XXXXXXX X. XXXX

Veterans Service Center Manager

328/132

[Pete53]

Rocky:

This is exactly why you keep copies and certify mail to the VA. Make sure to have dates on every page of any submission.

Sorry for your trouble.

[jbasser]

Rocky, same thing happened to me. Do you live near the Varo. Call and get an appointment to view the claims folder asap. Take a copy of t he form with you and maker sure it is in there.

This is the old lost in the mail routine for it happens a whole lot.

Be agressive, dilligent and most of all, take a witness with you. A Vet rep would be best.

John

[ronn]

Dear Mr. XXXXX,

It appears that we have not received a VA Form 21-8940, Veteran’s Application For Increased Compensation Based on Unemployability. We cannot grant benefits without an application. Our letter dated April 4, 2007 asked you to complete the application and return it to us. Once we receive it, we will make a determination (at the time of our decision) of your effective date and you will be notified in writing of our decision.

We apologize for any confusion. Thank you for visiting our website.

Sincerely yours,

XXXXXXX X. XXXX

Veterans Service Center Manager

I don't here Them giving an effective date yet. Could be they need a current one ! Don't take much time unless your late for work :D

[cloudcroft]

Rocky,

It has been said frequently in every vet forum I have been reading that if at all possibe, you take ALL submitted documents to the VA benefits office in-person, get them date-stamped AND copied (with said date-stamp clearly legible) for your records. If they say ater on they didn't get it -- lots of that sorry BS comes from the VA -- then you can produce a copy of the date-stamped document(s). It also helps if they try to deny you an accurate effective date for your claim.

This is what I did the entire 4-years MY case took...the VA never once said "they didn't get" something. Maybe I was just lucky, or maybe they take better care when a vet hand-carries/submits documents to them in-person and they're marked received/dated. I don't know. Whatever, it's the only way to do it IMO.

One's VA disability claim is WAY too important to just mail stuff in and hope/assume they get it.

-- John D.

Edited April 11, 2007 by cloudcroft