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Retro Pay effective date on Appeal

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Sharonnc

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OK I've been searching and just getting a headache. I filed my original claim in Jun 2012 In Nov 2013 I was awarded 70%SC Major Depressive disorder, 0%SC Thyroid, My physical claims were denied, I appealed right away since I had copies of my Military medical records and could show they were SC. I used a VSO. While waiting on my appeal I relocated from SC to Fla, so I was assigned a new VSO for my case, the new VSO advised that we should add a request for PTIU this was done Nov 2015, In May 2016 I was awarded the PTIU SC rate stayed at 70% stated there was no change in the condition being paid at 100% rate PTIU. The effective date for this was Dec 31 2015. I asked my VSO how to handle this error as it should have been effective Nov 2013 as my original was, he said not to rock the boat. Any advise would be appreciated. 

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You are in the company here, of many "boat rockers."

When they awarded the 70% ,did they send you a TDIU form or suggest that you apply for TDIU in that decision?

If not, did they give you a reason , such as maybe you were employed at that time.

Do you receive SSDI and is that solely for the Major Depressive Disorder?

If so was VA aware of that SSDI award? And if so, what was the date of the SSDI award and what was the SSDI EED?

Were you ever turned down after applying for VA Voc Rehab, solely due to you SC disability?

If so did VA know that as well?

They usually give the date of the formal TDIU app as the EED but some factors can often change that date,particularly their knowledge of the above factors I mentioned above ( SSDI and Voc Rehab)and date of any SSDI award.

The VA might well have given you the proper EED, as the date of the TDIU application.

Still , they can often overlook critical evidence too.

------------edited to add this so I dont forget......the date entitlement arose is oftren a key TDIU issue.

"A TDIU is a part of a claim for increased rating.  Rice v. Shinseki, 22 Vet. App. 447   (2009).  Where a veteran: (1) submits evidence of a medical disability; (2) makes a claim for the highest rating possible; and (3) submits evidence of unemployability, the requirement in 38 C.F.R. § 3.155(a) that an informal claim "identify the benefit sought" has been satisfied and VA must consider whether the veteran is entitled to a total rating for compensation purposes based on individual unemployability (TDIU).  Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001).

 

In general, the effective date of an evaluation and award of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.  38 U.S.C. § 5110(a); 38 C.F.R. § 3.400.  Where evidence demonstrates that a factually ascertainable increase in disability occurred within the one-year period preceding the date of receipt of a claim for increased compensation, the effective date of the award shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.  38 U.S.C.A. § 5110(b)(2); 38 C.F.R. § 3.400(o)(2); Harper v. Brown, 10 Vet. App. 125 (1997)."

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1607599.txt

 

 

 

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Edited by Berta
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TY Berta, 

Long reply I know and am sorry but hoping the detail will help.

When they awarded the 70% ,did they send you a TDIU form or suggest that you apply for TDIU in that decision? If not, did they give you a reason , such as maybe you were employed at that time.

I don't think so I would have to go back to the letter and see which I will. If they didn't it was never mentioned to me by anyone until I got the new SVO In 2016. I was not working I have not been able to work since 1997 but didn't know I could file with the VA.

Do you receive SSDI and is that solely for the Major Depressive Disorder?

If so was VA aware of that SSDI award? And if so, what was the date of the SSDI award and what was the SSDI EED?

Were you ever turned down after applying for VA Voc Rehab, solely due to you SC disability?

If so did VA know that as well?

The answer to these is no.

I learned about my ears and my rights from an older vet I happened across who saw me trying to clear my ears he told me what it was and explained it to me thus I went and filed a claim with the VA and got set up with the VA Hosp,didn't even know until then I could go to a VA Hosp.I had been unemployed since 1997. This was on 8/16/2016. I hired the DAV to help me after I filed and became homeless. That was in Jun of 2013. 

I received the decision and retro pay Nov 1 2013. They gave me 70% Mental and none of the physical so I appealed and got busy pulling all my records to send them I got a place to Live in SC and changed SVO at that time. I had already filed my appeal on my own I did not know about TDIU so I didn't ask for it.  

I have several medical conditions that I know are SC Stomach Issue Test show an Erosion Diagnose while I was in AF and told it was nervous stomach, Had 2 Endoscopes at VA hosp both show I still have the Erosion now on daily meds for it but they denied it as SC.  Hearing loss and tinnitus proved SC I thought Entrance exam showed good hearing AF exam 1 1/2 yrs after I joined states reason for exam being assigned to a noisy duty area stated no hearing protection issued, showed good hearing exit exam show hearing loss, they said I had not complained about it I thought the noisy in my ears was normal had it so long, and was told at discharge nothing could be done for my hearing. Lastly Damage to my right arm and shoulder, AF Medical files show the accident where a 175 part fell on me and pinned me backwards on a concrete floor in the 80s, I was told when I was discharged 2 years later that it would get better over time it hasn't it has gotten worse VA Hosp shows I tore the tendon in my shoulder so long ago that it would have to be replaced and I would lose more range of motion with the repair, they denied it as a SC.

I filed my NOD within the one year mark on ebenifits it shows this, but I know it was in 2014 I have copies filed away if needed.

Decision                 Status                        Description                          Received

03/31/2016            Appeal Complete        Your appeal is complete.   Date not available

I moved to Fla in 2015 which put me with a new SVO He reviewed my case and asked me if he could file for IU for me I said sure and asked why the DAV in SC didn't do that.He filed to have that added to my existing appeal 11/10/2015. On Ebenifits it show like it was put in as a new claim while my appeal was still being processed.

Submitted          Type                          Closed                 UpdatesActions

11/10/2015          Compensation          05/23/2016         Attention: Development Letter SentDevelopment Letter Sent

·                                                                                       Attention: Decision Notification SentDecision Notification Sent

                                                                                                                                                           View Appeal Status

I did receive a very thick package denying my claims again which I immediately filled out NOD and took to my SVO who said to wait for the NOD until we got and answer on the IU. I never had another C&P for my NOD, They did do another C&P with a non VA Doctor for the IU I was give 70% paid at 100% P&T TDIU. The retro pay was only back to Dec 1 2015? 

 

 

 

 

 

 

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No matter how you go about further please know this, ALWAYS rock the phUken Boat. Any VSO who tells you differently is a Schill for the VA. Trust me, get rid of him I don't care how "nice" or "efficient" he is.VSO's are like crabs, there's more out there.Never ever ever quit.

Edited by Inarticulate&Distorted
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