Jim,
i recieved form 21-8940 in the mail last weekend before i returnd my form 9 s.o.c. upgrade on ptsd. should i go ahead and file the form 8940 for i/u.or should i wait for a decdision on my s.o.c.
Reply:
There are variables that you should consider. If you have been denied an increase to an existing benefit and you have filed a form 9 you very likely should talk with an attorney who is accredited to practice veterans law. I don't know your underlying ratings or any other details about your claim so I can't make a comment about filing for TDIU or not.
As a rule, I recommend that any veteran who is considering taking an appeal to the Board of Veterans Appeals (that's what the Form 9 does) should always seek competent legal advice. The BVA isn't supposed to be adversarial but the reality is that it is very complex to argue your claim there. Taking the time to speak with a lawyer is a good course of action prior to going to BVA.