Planning on filing

smitty0311
Joined: 26 Dec 2010, 17:56

17 Feb 2011, 13:49 #1

for IU so I need to get all my nuts and bolts lined up. I haven't had a gainfully employed job since January 2009. I did work at the local dog kennel for awhile and managed to make about 2900 bucks by feeding and watering the hounds for the year 2010.
My cardiologist told me back in Jan. of 2009 to file for SSDI and that I shouldn't work but that turned out to be a fiasco. My attorney was a complete idiot and didn't have the experience to file a claim in federal court after being turned down by SSDI four times.
My cardiologist still doesn't want me to do anything that stresses my heart so what am I supposed to do. I'm to damn ugly and old to stand under a lamp post. Image
Also called my VSO this morning and left a message about filing a NOD.
And - The Beat goes On!
Jeff

OK - Spoke with my VSO and he said we will file for a reconsideration rather than a NOD. Filing a NOD is the same as filing an appeal and that could take 7 months to a year or longer to get a decision. Well, we know we don't want that to happen!
Last edited by smitty0311 on 17 Feb 2011, 14:36, edited 1 time in total.
USMC 1969 - 1973
Vietnam 69 -70
Echo 2/3 Semper Fi

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donnella
Joined: 26 Dec 2010, 18:04

17 Feb 2011, 22:15 #2

I have read that as far as these three presumtives, the VA would rather reconsider or correct a rating than have the VET file for lenghtly NOD and appeal. I really think since they took into consideration of smoking, they should reconsider. Lifestyle is not suppose to enter the equation. Why was the SSDI unsucessful? The VSO say TDIU is another option?
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smitty0311
Joined: 26 Dec 2010, 17:56

17 Feb 2011, 23:24 #3

donnella wrote:
I have read that as far as these three presumtives, the VA would rather reconsider or correct a rating than have the VET file for lenghtly NOD and appeal. I really think since they took into consideration of smoking, they should reconsider. Lifestyle is not suppose to enter the equation. Why was the SSDI unsucessful? The VSO say TDIU is another option?
My VSO agreed that taking a lifestyle into consideration was not correct. As for the SSDI the main reason was for the last time I had paid into SS. They said it had been over ten years which would exempt me from SSDI. My VSO didn't mention IU or TDIU but I have an appointment with him on March 2nd to go over everything.  
  
USMC 1969 - 1973
Vietnam 69 -70
Echo 2/3 Semper Fi

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ceje
Joined: 10 Jan 2011, 23:16

18 Feb 2011, 04:08 #4

My Husband was denied for IU and his service office advised filling for a reconsideration rather than a NOD. That is what he did. He sent in a new letter from is Dr. stating that is not able to work any longer and why. Tomorrow he is sending in the form that says they should decide the claim in 30 days. We hope this works. I will let you know what they decide. All we can do now is hope for the best. I hope you are approved for the IU.
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Jarhead03
Joined: 04 Feb 2011, 11:50

18 Feb 2011, 14:12 #5

Just remember, when you file for a reconsideration you need to submit "new and material evidence", that was not available at the time of the rating decision!!
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Whatchya waitin' fer?
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smitty0311
Joined: 26 Dec 2010, 17:56

18 Feb 2011, 15:15 #6

Jarhead03 wrote: Just remember, when you file for a reconsideration you need to submit "new and material evidence", that was not available at the time of the rating decision!!
Yep, seeing my cardio doc on March 2nd and going to have him write the letter. If he doesn't, I'm gonna shorten his tally whacker for him. Image
  
USMC 1969 - 1973
Vietnam 69 -70
Echo 2/3 Semper Fi

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donnella
Joined: 26 Dec 2010, 18:04

18 Feb 2011, 20:46 #7

A Nexus letter? I think it needs to contain the phrase "as likely as not"  I am anxious to hear because of so many doctor's saying they don't want to contribute to someone getting on an entitlement program. Makes me crazy calling a Veteran's compensation "entitlement". My husband's doctor had no problem writing a letter saying my husband could no longer work because of the IHD.
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ceje
Joined: 10 Jan 2011, 23:16

20 Feb 2011, 04:15 #8

My husbands VA Dr. would not write a letter. Said he did not write them for any Vet. We got the letter from we got a very good letter for his Private Dr.
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smitty0311
Joined: 26 Dec 2010, 17:56

20 Feb 2011, 09:18 #9

ceje wrote:
My husbands VA Dr. would not write a letter. Said he did not write them for any Vet. We got the letter from we got a very good letter for his Private Dr.
cege,
I had numerous letters from my private doctor and they were mentioned many times in my award letter from the VA, so they defininetly do help in considering your claim.
Jeff
  
USMC 1969 - 1973
Vietnam 69 -70
Echo 2/3 Semper Fi

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philip
Joined: 05 Jan 2011, 20:07

20 Feb 2011, 12:53 #10

Got a question--If you reach the needed % ratings, is IU and SMC-S automatic or do you have to file for it?  I believe when its all over, I will have a minimum rating of 160%, possibly 190 or more.
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