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    • Hey,  I had Dietz he is a hatchet man. This guy said the same things on my c and p as yours. Over reporting the mmpi or whatever it is. He also said the same thing about the glitch in the system. That in my heart is not true. He just wants to say no. What he did to you he did to me. I was denied and am fighting it now. This guy needs exposed. He runs a business on the side called medpsych of the Rockies. They are a professional company that challenges workers comp and Ssdi claims. This guy has a major uncomfortable vibe about him. With his low lit office and facial manirisims. He had a private practice that failed. It brought in less than 100 grand in a very large city. Columbus.  In Chillicothe I ran into a veteran that had the very same experience. I also ran into two vso and a social worker. The guy Denys or underreports. He is doing a disservice to veterans. You do not have a personality disorder neither do I. My psychs and PTSD programs have me at chronic. Sleep sucks intrusive thoughts suck driving sucks. He is a piece of work. I researched this dude. He is no good, he needs dealt with because he has a generic way of turning vets down. Over reporting, personality disorder, and calling the dbq glitche in the system, I bet he never asked you a question in regard to the dbq. There is no glitche. He simply answered no in regard to PTSD symptoms. Then he rushes you out the office hands you a packet and walks off with a dirty look. Do not give up. Continue your treatment, if denied file a recon based on new evidence. You served and he called you a liar. Basically his c and p should not be used, he is stating he is incompetent by stating any decision would be speculative. This will catch up to him.  Glitche in the system my a**. LIAR VA HATCHET. 
    • Killemall, The Regional office used the examination for re-evaluation as the C&P.  I discovered this as it was annotated in my medical notes that I was able to view via Blue Button in MyHealEVet. The rating ended up being:
      50% Bi-Lateral Hearing Loss / Word Recognition
      10% Tinnitus
      =VA math 55%, rounded up to 60%.
      This is a fair and accurate representation of my SC hearing loss and how it effects my life and work. However, the PTSD-MST claim was denied without the use of a C&P, as I did not officially report the crime while in the Army back in 1984.  The rater simply made an incorrect decision, which was absolutely devastating to me.  I don't expect the rater to fully understand how this could happen to a man and not be officially reported. No one deserves to understand that first hand.  It took me a few months to write up a short statement of disagreement as instructed by my VSO.   Interestingly, the VA (Medical / Physiological) division of the US Government, consisting of Clinical Psychiatrists and other experts in the field, believe I need intensive and specific treatment for my PTSD-MST.  So on November 6th, I will be heading to another VA inpatient PTSD facility located in Virginia for seven weeks.   This particular program is a tertiary referral center which has a division that specializes specifically on male MST cases like mine, which the Regional Office rater said does not exist due to lack of documentation. This matter will now last for many more painful years and I vow to never give up, just like when this unthinkable crime against me was committed.  I apologize for going off topic. BTW, this is the place I am headed to in November:  http://www1.va.gov/directory/guide/facility.asp?ID=116    
    • I recently learned how donating blood was good for (many people, not everyone)  Men, especially, tend to have too much iron.  (Women lose Iron from menstration, so its rarely a problem for women to have too much iron)  If you have too much iron, its bad for your health, it can even be life threatening.   http://www.mayoclinic.org/diseases-conditions/hemochromatosis/home/ovc-20167289 I was a bit suprised they would "take" my blood after I read about the health benefits of donating blood.   I answered all the questions honestly, and they took my blood.  They did a iron test, first, to see if my iron was low. (finger poke).    I donated blood locally, NOT through VA.   Remember, VA has to get you to sign a consent form to get medical information about you other than the VAMC's.      Here are a few health benefits of donating blood:  It reduces cancer risk, is heart healthy, and can be good for other organs also, especially for men with hi iron.   I read where "old blood" is "sticky" and tends to clot.  When you give blood, your body makes more "new" blood, which is slicker and is less likely to form blood clots.   Of course, you dont want to donate blood too often.  My area only allows you to donate whole blood every 56 days.  (2 months).    http://www.medicaldaily.com/why-donating-blood-good-your-health-246379
    • http://www.nbc.com/saturday-night-live/video/copy-machine/n10022 "making copies", the Richmeister the copy machine guy, FWIW, Hamslice    
    • We dont know your PCP, so we dont know if she will help.  But, you need to seek treatment for ED for 2 reasons. First, for your wife, and secondly for the money.  (SMC K).  If you could do the Wild Monkey before the PTSD meds, and the Wild Monkey Dance is gone now, then that is a pretty obvious link.   If you want compensation for SMC K, you need it documented.  So you should start with your PCP.  If your PCP does not have experience/does not treat ED, then you should ask for a referral to someone who does.  





Gardener

Question On Effective Date

14 posts in this topic

I posted the other day that I was still waiting for my favorable portion of the BVA decision. This decision was "stuck" at the AMC with other remanded issues. I just spoke with someone at the 800 number and was informed that a new entry was posted with today's date (23rd), and that it was now at authroization.

I wanted to ask a question concerning the effective date (obviously jumping the gun, but curious none-the-less).

All little background. I originally filed for service connection in 2003. I was notified in 2006 that I had been granted service connection (at the % that made me eligible to file for TDIU), and this was made retro back to 2003. Then, after receiving this favorable decision I filed for TDIU (3 weeks later). I became unemployable in 2000 (by SSDI) solely due to this condition (medical documentation from doc was a part of my file when I filed in 2003 stating that I was no longer employable), but VA only granted 70%. Anyway, I wanted to ask what my effective date would be?

Would it go back to 2003? (since I was not notified of the favorable decision making me eligible to apply for TDIU until 3 years later: remember it was retroed back to 2003). Or, could it possibly go back to the date placed on SSDI solely due to the same condition due to the documentation from doc that was part of the file at the time of the original filing?

I am concerned that they will only go by the date on the IU claim form of 2006, but I could not have filed until I received the decision giving me the necessary % (original claim was for service connection).

Sorry for the long post, but any input would be appreciated

Gardener

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You filed for and was granted SSDI in 2000 but you did not file for VA SC until 2003. Why?

If a claim has not been filed then the VA has no obligation to pay comp because they have no idea that you want to claim.

Now if when you filed for SC in 03 you were already SC for something else and mentioned IU (even though you did not have the %) you might have a shot at getting a start date of 03 but because you waited until 06 when you were finally awarded 70% and met the %. The VA I would think will only grant your claim back to the date it was filed which would be 06.

That being said this is only my opinion but I think you are hoping beyond hope on getting the 2000 date when there was not even a claim filed. You might get 03 but that to is going to be a reach if you did not mention that you were unemployed at the time. If you did THEN you could get 03 but that is going to be your best I think.

Good luck though and let us know how it pans out!?

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Wow, I think if you filed a claim in 2003 and informed VA that you were unemployed and or awarded SSDI, then your retro should go back to 2000. Your post stated that you filed in 2003 and VA finally awarded your claims in 2006. Did VA request your SSA records and if they are in your VA C-File then VA should pay the earliest date that you became unemployable which is 2000.

JMO

Edited by pete992

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Thanks for the replies

The VA does have the SSA records, so I guess we will see what effective date they come up with. The TDIU was granted by the BVA and the BVA decision even references the SSDI, and doctor statements (unemployable) from 2000 that was granted solely for the SC condition.

Would the records from the doctors (that were a part of my file when I first applied for sc) that stated I was unemployable in 2000 (which put me on SSDI) equate to an inferred claim for IU when they granted the 70% in 2003?

Will post the results.

Gardener

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3.400 Effective dates: Date entitlement arose or the date claim was filed whichever was later. In your case if a VA doc stated you were uneployable and they have this evidence then you should NOD the decision and ask for an earlier effective date. ALso remember there are several paragraphs that superceed 3.400.

Edited by jbasser

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"Would the records from the doctors (that were a part of my file when I first applied for sc) that stated I was unemployable in 2000 (which put me on SSDI) equate to an inferred claim for IU when they granted the 70% in 2003?"

I would think so.If the VA was also aware of the SSA award.

VA hinges on the filing date of the 21-8940 form in most cases for EED and retro but there is topic I posted here about the "date entitlement arose" which could help you.

It is hard to know what the VA will do in your cases as to the proper EED.

This discussion might help you-

I always give my husband as personal example of how 'when entitlement arose' works.

Filed claim for higher rating of his 30% SC PTSD in late 1992. Filed Sec 1151 claim in 1994.

Sent TDIU form in late 1992 or early 1993,

Sent SSA award in 1993 solely for PTSD.

He died 1994, claims re opened by me. denied denied denied- fought them with evidence

Awarded 100% SC P & T PTSD posthumously 1997 with an EED back to 1991.Sec 1151 claim awarded in 1998.EED 1994.

Nov 1991 was his EED for VA 100% SC-the VA used the same date that SSA did to determine when SC caused unemployability.

They never acknowledged the TDIU form at all. They can't really award a deceased vet TDIU so I guess this is why they awarded him 100 % P & T .

I feel that even when the date entitlement arose is prior to their receipt of the TDIU form (another reason we should send it and not wait for them to send it to us-as they save money when the use the 70% criteria to send it out)-

and this favorable entitlement date could be evident by a SSA award for the same disability-

the VA hardly ever recognizes the entitlement date could be more favorable that the TDIU form receipt date- and even if they do- they dont award it and hope we do not challenge this date.

In my husband's case the evidence was so clear that they could not have gotten away with the TDIU receipt form date.They never even acknowledged he sent it in.The VA also wrote to 2 Senators and my Congressman that SSA had refused to send them his SSA records,after I questioned a SOC denial I got. It was a lie.When I found out about this VA lie I made a major fuss,and soon thereafter they awarded him posthumously.

The SSA were crucial to his claim and so VA had every reason to make up a big one. The reality is his authorization forms for his SSA records remained in his file for almost 6 years - 3 years after he died but the VA never attempted to get those records.Until I raised hell when they lied to congressional inquirys. I had re-opened his 1151 claim and also filed a FTCA tort claim and was sending them and the OGC continuous evidence of their malpractice at same time I was supporting the 100% SC claim so they were not happy with me at all.They admitting to causing his death shortly after the 100% posthumous award came.

It pays to double check on SSA records and whether the VA follows through with attempting to obtain them.

An SSA award is in essence an independent medical opinion and if solely for the same SC condition,the VA MUST award TDIU or 100% SC (Washington V Derwinski) tp://www4.va.gov/vetapp03/Files/0310533.txt

Edited by Tbird
added link to Washington v Derwinski

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