Is It To Late

[willie 74]

I was granted 80% back in june of 2009, broken down I have

IVDS-40%

Bladder-40%

Tinnitus-10%

Gerd-10%

Cubital Tunnel-10%

Sciatica-10%

Major depression-50%

I filed for IU and was denied. I did not fight it and I have passed the one year time peroid.

I filed for depression in FEB 2010 and got 50% for Major Depressive Disorder. This brought my rating up to 90%.

I filed for SSD and had it granted in DEC2010 and was reimbursed from Oct 09 which they found me disabled.

My question is can I file for IU again with proof from SSD even after the year deadline?

Edited April 11, 2011 by willie 74

[jbasser]

Yes you can and get it done.

Use the SSDI decision to support your CLaim for increase.

J

[willie 74]

Do I just send a statement in support of claim document stating what I want to do?

Do I need to obtain the doc notes from the SSD? Can that be done?

[jbasser]

21-4138 fill it out saying you would like to file for an increase and TDIU.

Get the IOU forms filled out but send the 21-4138 asap. That preserves your time. You still have 1 year to submit evidence so your time limit is OK. As far as the original denial, you cannot pursue it unless the decision contained clear and unmistakeable error.

J

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

[willie 74]

The denial is dated Oct 2009, so I cant file?

Thanks Willam

[willie 74]

Are you saying file an increase for my depression and say I want to try to get TDIU as well?

21-4138 fill it out saying you would like to file for an increase and TDIU.

Get the IOU forms filled out but send the 21-4138 asap. That preserves your time. You still have 1 year to submit evidence so your time limit is OK. As far as the original denial, you cannot pursue it unless the decision contained clear and unmistakeable error.

J

http://www.vba.va.go...21-4138-ARE.pdf

[jbasser]

Are you saying file an increase for my depression and say I want to try to get TDIU as well?

Go ahead and file for the IU. They will treat it as an increase as IU is not a rateable condition, It is an ancillary benefit that is awarded if you meet the criteria and your SSDI decision may do just that. I think it will.

J