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Tdiu Deferred, Ptsd Increased


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5 replies to this topic

#1 westcoastlv

 
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Posted 07 May 2012 - 08:31 PM

The decision letter came yesterday, PTSD increased, TDIU deferred. Ok, the letter for the TDIU deferment arrived today.

1st, it is the grey bar letter that states at the top IMPORTANT - reply needed

Under WHAT DO WE STILL NEED FROM YOU?
1 - complete the 21-8940 Application for Increased Compensation Based on Unemployability..... (submitted twice now, once with original claim, and then again with Reconsideration Request)
2 - send any treatment records related to your claimed conditions.....(previously submitted)
3 - provide dates and places of treatment if received treatement from VA.....(they have all this, even listed it in the evidence from the decision letter
4 - provide your own statement, or statements from others......(they have all this)

Under WHAT HAVE WE RECEIVED
1 - your claim for benefits (the PTSD claim, that has already been awarded?)
2 - statement in support of claim (which one, there have been many from veteran, spouse, friends, previous employer)
3 - Treatment records from VAMC (which ones, there have been multiple appointments with mental health)

They enclosed another application for IU.

So, what I'm thinking is that I resubmit the all of the information previously submitted, noting the date of each previous submission.

I want to also include a cover letter stating that not only do they have, and have had, all that is requested, that they appear to be ignoring it by the mere fact that they are requesting it AGAIN.

I will go to the information office and get the most recent treatment records from mental health, and also ask the DR. to write an opinion to my husband's unemployability and untrainability. The DR has already written an opinion regarding the same, however, he can update his opinion with a little more history.

The letter goes on to state that the VA will provide a medical examination for you, OR GET MEDICAL OPINION. Well, they will certainly have more medical opinions than they can deal with. When previously submitted, I even highlighted the pertinent areas of the medical records, as well as other documents submitted. I also provided a letter that was a road map to all things that referenced unemployable and untrainable, with the documents as follow up.

I think this is sorta ridiculous, everything they claim they need is already plainly in the laps. But, I will once again resubmit, letting them know that this is a resubmission, and tell them to proceed on a decision.

Any thoughts or advice?

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#2 iceturkee

 
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Posted 08 May 2012 - 06:41 AM

The decision letter came yesterday, PTSD increased, TDIU deferred. Ok, the letter for the TDIU deferment arrived today.

1st, it is the grey bar letter that states at the top IMPORTANT - reply needed

Under WHAT DO WE STILL NEED FROM YOU?
1 - complete the 21-8940 Application for Increased Compensation Based on Unemployability..... (submitted twice now, once with original claim, and then again with Reconsideration Request)
2 - send any treatment records related to your claimed conditions.....(previously submitted)
3 - provide dates and places of treatment if received treatement from VA.....(they have all this, even listed it in the evidence from the decision letter
4 - provide your own statement, or statements from others......(they have all this)

Under WHAT HAVE WE RECEIVED
1 - your claim for benefits (the PTSD claim, that has already been awarded?)
2 - statement in support of claim (which one, there have been many from veteran, spouse, friends, previous employer)
3 - Treatment records from VAMC (which ones, there have been multiple appointments with mental health)

They enclosed another application for IU.

So, what I'm thinking is that I resubmit the all of the information previously submitted, noting the date of each previous submission.

I want to also include a cover letter stating that not only do they have, and have had, all that is requested, that they appear to be ignoring it by the mere fact that they are requesting it AGAIN.

I will go to the information office and get the most recent treatment records from mental health, and also ask the DR. to write an opinion to my husband's unemployability and untrainability. The DR has already written an opinion regarding the same, however, he can update his opinion with a little more history.

The letter goes on to state that the VA will provide a medical examination for you, OR GET MEDICAL OPINION. Well, they will certainly have more medical opinions than they can deal with. When previously submitted, I even highlighted the pertinent areas of the medical records, as well as other documents submitted. I also provided a letter that was a road map to all things that referenced unemployable and untrainable, with the documents as follow up.

I think this is sorta ridiculous, everything they claim they need is already plainly in the laps. But, I will once again resubmit, letting them know that this is a resubmission, and tell them to proceed on a decision.

Any thoughts or advice?



i submitted statements from my best friend (she is also a journalist as was i before i retired) and my va provided nurses aide. both statements were quoted in the raters decision for my IU!

#3 john999

 
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Posted 08 May 2012 - 11:02 AM

If I could I would get copies of the earliest records I submitted to the VA and the proof I submitted them and take a trip to the VARO. Talk to a person at the VA and explain the situation. You don't want to lose the earliest effective date on the IU. They have lost these things twice. You got to sit face-to-face with someone at the VA. Is your husband on SSD?

#4 westcoastlv

 
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Posted 08 May 2012 - 11:13 AM

No, the first SSD application was denied. I was waiting for this decision to be rendered before appealing SSD.

I have all of the records submitted and the dates submitted. I also have copies of the decision letters that state that the VARO received them, and even listed them on the letters.

We can't really travel to the VARO because it is more that 10 hours away, and without being sure that we can actually meet with someone, the risk of driving my husband over the edge is too great.

I am going to RE-submit everything, and state in a letter how many times and the dates of the previous submissions. I will also provide more supporting statements from MH doc. My letter will be clear on EED, hinting to the fact that I am prepared for an appeal if necessary.

I am to the point now that this seems to merely be game-playing. They have all that they need, yet they need it again. No worries, I am in this for the long haul.

#5 john999

 
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Posted 08 May 2012 - 11:22 AM

They are just pissing around hoping someone will pass away before they can collect. The VA fooled around with my Mother's application for A&A while she was in a nursing home until she died. They are capable of that. Yes, it is a long haul project. You can send it all express mail by the USPS. They track it and you can also get return receipt. I think this thing that is happening to you is just another way of holding onto the money a little bit longer.

John

#6 xpertshot

 
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Posted 12 June 2012 - 07:48 PM

I wonder the same thing about the VA wanting to hold on the the money a little longer. It's all in the numbers and it wouldn't surprise me if they correlate the number of claims processed - to - number of awards - to - dollar amount of awards. They need to stay within budget, don't they? If they approved all claims (assuming they are all legitimate), do they have the budget to pay on all of them? Where does the extra money come from when they run out?

Depending on performance reporting cut-off dates, I'd bet you can track a pattern of claims processing that would disclose more than the public cares to know.

It wouldn't suprise me either if they have a fully developed claim ready to go, they will deferr until a month when they can afford to issue an award. And, I bet some VA reps have more pull than others. Those veteran reps probably get away with more (whether good or bad) than some of the newer guys.

Awards can be good for you and bad for them.

Same for denied claims, bad for you but good to them.

I guess it just depends on what team your playing on when that decision comes down.

The mystery continues....

I hope everything turns out for the best in your claim.

But we have to keep fighting and fighting. I know too many veterans that never apply for compensation because they don't want to deal with the hassle. It seems to me that the VA's plan is working. They are getting many people to believe that applying is not worth it. Sad but true.

xpertshot




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