willie 74 Posted March 29, 2011 Share Posted March 29, 2011 (edited) 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted March 29, 2011 HadIt.com Elder Share Posted March 29, 2011 Yes you can and get it done. Use the SSDI decision to support your CLaim for increase. J Link to comment Share on other sites More sharing options...
willie 74 Posted March 29, 2011 Author Share Posted March 29, 2011 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? Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted March 29, 2011 HadIt.com Elder Share Posted March 29, 2011 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 Link to comment Share on other sites More sharing options...
willie 74 Posted March 29, 2011 Author Share Posted March 29, 2011 The denial is dated Oct 2009, so I cant file? Thanks Willam Link to comment Share on other sites More sharing options...
willie 74 Posted March 29, 2011 Author Share Posted March 29, 2011 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted March 29, 2011 HadIt.com Elder Share Posted March 29, 2011 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 Link to comment Share on other sites More sharing options...
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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?
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