Timeline

[Aquabear]

Hi.

Should I (does anyone??) write a timeline about my claim? Like a one page timeline or outline or my history. Example: I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 and I figured if I wrote it out on a timeline it would help the to show the VA exactly the time line since I'm thinking they are not good at that.

Advice please and thank you in advance. 

((A quick FYI during this time I have been consistently getting spinal injections, spine fusion surgery, quad tear surgery, take pain meds(which make it hard to impossible to think theoretically) and doing physical therapy and PTSD group n one on one at VA PTSD clinic for 3 years now which helps with my daily anxiety.))

Thanks again. 

[vetquest]

On ‎2‎/‎14‎/‎2018 at 3:06 AM, Buck52 said:

What exactly is the  world trade center health program? who is eligible? is it just for New York Veterans?

My VA therapy is not clicking for me  my anxiety is through the roof everyday and I need relief.

Buck,  have you tried tai chi.  It takes a while to learn but is good for anxiety and other things.  My doctor recommended it eleven years ago and it has been great for me.  

Thanks for all of your help.

[Berta]

Aquabear- you stated:

"I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 "

Was the SSDI award for established service connected conditions? I assume it was---have you ever posted the decision here that you request a better EED on?

It appears you are seeking an earlier effective date, based on the SSDI award but the VA will likely use the date they received notice of the award- for the EED- unless in prior claims you had advised them of the SSDI award.

There is more info here as to the "date entitlement arose" for EEDs, searchable at hadit.

 

Edited February 15, 2018 by Berta
wind affecting my PC dish

[Aquabear]

8 hours ago, Berta said:

Aquabear- you stated:

"I just sent in my Social Security Disablilty paperwork for my claim because my SSD was approved due to my damage to my lower spine(posted a few days ago) the judge approved it. I was in Voc rehab 9/2008-4/2009 withdrew from college due to physical/mental meltdown then again went back 9/2010-5-2011 and again had to withdraw because I physically and mentally crashed( I was approved to the National Honor Society). I was approved for SSD 11/23/2009 "

Was the SSDI award for established service connected conditions? I assume it was---have you ever posted the decision here that you request a better EED on?

It appears you are seeking an earlier effective date, based on the SSDI award but the VA will likely use the date they received notice of the award- for the EED- unless in prior claims you had advised them of the SSDI award.

There is more info here as to the "date entitlement arose" for EEDs, searchable at hadit.

 

Berta,  

I never posted the full SSD decision, I just picked it up from SSD a few weeks ago. I am sure that I have told VA about it but never followed up nor I don't think they ever did either. I am now able to be much more attentive to my claim than years ago. 

I was awarded SSDI for my lower back/spine issues that I had for many years. At the time of the SSDI award I was already at 20% from the VA for my lower back/spine. In 2008 and 2010 I was denied any increase so I left it alone because I was frustrated; at that time I was denied for an increase and denied TDIU. I even had spinal reconstructive surgery in 2010 and didn't even bother notifying the VA about this cause I was frustrated.

I'm sure I notified them of the SSDI, I they never researched it and I never sent them any infomation. 

The SSDI ED is 11/2009, the judge made the approval  decision on 8/2010 and he approved an earlier effective date 11/2009.

I hope they see this and grant either EED of 11/09 or 8/10, at a minimum great me an increase for this year I'm angry I frustrated I'm sad, but I am ready to fight these bastards and get the help owed to me for years.

 

8 hours ago, Berta said:

 

 

[Berta]

The date entitlement arose--------much discussion here on that issue over the years---

"Generally, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim for increase, or a claim reopened after final disallowance, will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C.A. § 5110(a) (West 2015); 38 C.F.R. § 3.400 (2015). Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found, but will not be earlier than the date of receipt of the claimant's application. 38 U.S.C.A. § 5110(a). If a claim for disability compensation is received within one year after separation from service, the effective date of entitlement is the day following separation or the date entitlement arose. 38 C.F.R. § 3.400(b)(2). The effective date based on the submission of new and material evidence received after a final disallowance is the date of the receipt of the new claim. 38 U.S.C.A. § 5110(a); 38 C.F.R. §§ 3.400(q) (2), 3.400(r). The effective date for the grant of service connection following a final decision is the date of the reopened claim. See Sears v. Principi, 16 Vet. App. 244, 248 (2002) ("the Court thus holds that the effective date statute, 38 U.S.C.A. § 5110(a) , is clear on its face with respect to granting an effective date for an award of VA periodic monthly benefits no earlier than the date that the claim for reopening was filed"). In the Sears case, the Court explained that the statutory framework did not allow for the Board to reach back to the date of the original claim as a possible effective date for an award of service-connected benefits that is predicated upon a reopened claim. The Court explained that the term, new claim, as it appeared in 38 C.F.R. § 3.400(q), means a claim to reopen a previously and finally decided claim."

https://www.va.gov/vetapp16/files1/1604066.txt

"Unless otherwise provided, the effective date of compensation will be fixed in accordance with the facts found, but will not be earlier than the date of receipt of the claimant's application. "

This is how I understand that part of the above regulation.

It is the same Watergate question that often deternmines a valid CUE and/or many valid awards......

"What did the Predident know and when did he know it?" Watergate testimony......

It goes for the VA as well---

Their decisions as to EEDS depend on what they knew and when they knew it.

You posted:

"I was awarded SSDI for my lower back/spine issues that I had for many years. At the time of the SSDI award I was already at 20% from the VA for my lower back/spine. In 2008 and 2010 I was denied any increase so I left it alone because I was frustrated; at that time I was denied for an increase and denied TDIU. I even had spinal reconstructive surgery in 2010 and didn't even bother notifying the VA about this cause I was frustrated."

I dont know how you could get a better EED unless they did know at time of those denials. 

On the TDIU form under Question # 20 ( on older form I believe it is question # 18 it asks:

"20. DO YOU RECEIVE/EXPECT TO RECEIVE DISABILITY RETIREMENT BENEFITS?"

Did you answer Yes?

Did you clarify that those benefits were SSDI benefits?

If, in any way,  you did inform VA of the SSDI award, prior to those denial, and they did not consider those records or list them as evidence,  they have commited a CUE (Clear and unmistakable error).

VA did that to my husband.I didnt file CUE, it was handled a different way.I showed the SSDI award to my husband's VA shrink on the same day he gave me copies of all of my husband's therapy records (which VA had also never listed as evidence).My husband was dead by then and I was the claimant. The VA psychologist wrote VA a letter and sent me a copy, stating that the records I was sending to them should have been in his medical records files and also that he had seen the SSDI award from SSA for 100% PTSD.

My husband had 2 separate SSDI awards due to a reconsideration  I filed for him. Both were probative to his pending claims at death.

Within a few weeks the VA awarded 100% SC P & T for PTSD,with a very favorable EED-the same one the SSA used.

So it is possible that you did inform VA of the SSDI award prior to the denials.

As a hardcore VA claimant myself I FULLY understand being so frustrated with VA that we dont want to deal with them or even appeal crap they pull.

I only re opened my DIC claim due to my daughter's insistence. She was in the Mil then and kept bringing it up every time she would call me. She had considered dad's demise ( wrongful death)was due to another malpracticed condition he had....beyond the findings of my FTCA case.No diagnose, no treatment for it.

I hated pouring over the stack of medical records again. I kept trying to put it off. They are horrible.

Suddenly I realized she  was right. But I had to take much time to word this type of claim. And fought with the RO who didnt want to even re open the DI claim.

It was , and still is ,the most important claim I ever filed.( and brought much retro in many ways)

VA is counting on us to get frustrated and walk away from our claims.

The cash they save on MANY valid claims that are not pursued must be a tremendous amount, I am sure..

 

 

 

 

 

 

 

Edited February 16, 2018 by Berta

[Aquabear]

Berta,

 

Reading your repsonse in full brought tears to my eyes an my soul. Thank you for what you. Thank you for fighting the good LONG fight. You have given me the strength to go forward and keep fighting until the end and give my 100% in my claim battle with the VA.

Thank you for a very emotional Veteran who gained even more respect for you and all on here

[Berta]

Aquabear- do you have a complete copy of your C file?

There sure could be something in it that supports that they knew you had obtained SSDI long ago.

Personal Example:

The VA RC wanted to settlement my wrongful death claim in mere months after he got my SF95, my evidence, and also had obtained a 6 page Peer Review from a VA cardio who agreed with all of my malpractice contentions,as to my husband's heart disease. As I mentioned here before- (it could help others) the RC ,the Peer review doctor, and the Critical Peer review --"disappeared".

The VA (to include OMLA - (VA office of medical and Legal) insisted to me that this Peer Reiview had "never existed" ,trying to sugget it was a figment of my imagination.

I had to go to the VA OGC with my case  and without that critical Peer review.I won anyhow.

The top VA Cardio doctor agreed with all of my contentions.

Years later I re opened my claim due to an additional malpracticed condition on the AO presumptive list. I ordered my C file and went over every page very carefully-it is a C file that memorializes every single error the VARO had made on all of my claims to that point.

I found the 6 page Peer Review right at the bottom of the stack!

I used it for my subsequent AO IHD death claim.

My husband before he died with 2 claims pending , used to say' there must be a billboard across the street from his  VARO that said "F--- this veteran-Rod Simmons."

Of course there was no billboard ( but if there was they put my name on it after he died and even f---ed with my veteran daughter's first and only claim.Which they fixed in a Heaertbeat. 

We have to get copies of Everything the VA has on us. They will lie and even in my case totally manipulate a posthumous C & P exam that 'forgot' to put the last statement un the actual exam which the C & P doctor sent to me. They have tried to beat me down with every issue I had.

They wasted their energy. Negativity just makes me fight back even more.

A vet rep many years ago filled out a TDIU form for a vet that  he -the rep- never mailed in to the VA.The vet subsequently filed TDIU himself and got an EED based on the date of the form he sent.

He sued the vet rep and got back the TDIU money the vet rep cost him with that error.

Also we cannot trust some of those VSOs who work at the VA. Some of them have been canned under the Accountability Act.

We must be as diligent and proactive as we can be...and I recommend that we must save EVERYTHING we get or send to the VA.