SigBnSoldier

Appeal status has been unavailable for me for the last two days.

I was hoping you'd say that. He's the one that wouldn't let me give up on this. I didn't know he was able to go to CAVC, I'll email him now.

I did it myself.

So, VA never even mailed me the decision package, I got this rating decision and notification letter from getting peggy and IRIS to fax me. It looks like I need to go to CAVC since the only evidence they looked at to rate me was the two original 21-526 forms from 2003 and 2004. They didn't even bother going though my claims folder to see I was on SSDI and that my medical records were riddled with notes of being unemployed. So, please, suggestions for an attorney to take this to CAVC please! I already called Katrina Eagle, her work load is too busy. Any ideas please? redacted pdf.pdf

Laugh away, however M21 is on my side. Here you go- Reasonably raised IU.doc

No I did not apply for tdiu. This is a grant of an earlier effective date for between years 2003-2012 so the new law for tdiu does not apply to this. The argument is that evidence exists in the file of unemployability, it is reasonably raised by the award of ssdi five months prior to the effective date of 11/20/2003. VA should have inferred IU. I am still waiting on the letter from VA giving their reasons.

Broncovet, You are clairvoyant I think. My resistance to attorney is that I've avoided them up through the BVA because of 30% fees I didn't want to pay. I previously spoke (2years ago) with Katrina Eagle in San Diego and she herself told me she thought I had a good understanding of my appeal and I might want to go it alone rather than give her 30% of such a big award. So a grant of TDIU back to 2003 vs. a grant of 70% is another large award. But you encourage me here, maybe I'll call her again.

VA was aware of SSDI award back in 2003, thats the reason they disallowed the pension grant, my income was too high.

Read the bva decision, I already recieved the eed. It’s the assigned rating that is at issue here.

Thank you broncovet. I'm sorry I wasn't clear on my question. I'm not appealing the effective date. I already won that at BVA. I'll post my BVA decision at the bottom. You'll notice in the last paragraph on the VLJ's decision she states she's not rating the appeal just granting the EED. BVA sent the granted (considered full grant) eed back to the RO to assign a rating from between 2003 to 2012. This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003. Then later, in 2012 granted same contentions. So now, the RO received the full grant from the BVA and assigned a 70% rating from 2003 thru 2012 and paid me the retro on Saturday. I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities. Anyway, here's my BVA grant, hope it gives you a clearer picture. redacted BVA.pdf

Dear Hadit- EED granted at BVA, sent to RO for rating. RO rated PTSD w/Bipolar Disorder at 70% effective 11/20/2003 I believe IU should have been awarded as my SSDI records and award reasonably raise the issue of IU which wasn't considered. Will this need to go to CAVC or back through the NOD process at the RO? I'm getting conflicting answers from DAV and peggy etc... P.S. SSDI was awarded 5 months prior to 11/20/03 solely on my service connected bipolar.

Update- Appeal rated and finished, payments authorized today, letter mailed from San Diego today 3/7/18. Of course peggy would not tell me the ratings but surprisingly she told me there were multiple retro payments authorized and she'd be willing to tell me the $ amounts of them. So I wrote all 13 payments down and totaled them up, it comes out to what 80% rating back to 2003 would be, with no P&T or IU. So I'll be turning in a NOD or sending new evidence if I'm allowed to do a "reconsideration" for IU. The record shows I was on SSDI before that 2003 date as well as tomes of VA medical records indicating very low GAF scores and being danger to myself and others back then. Don't get me wrong, I'm super happy to have the $10X,XXX retro, very happy! But I know my medical history warrants IU and I am going to fight for it. I just hope it doesn't take 6-10 years to get back to VLJ again. Special thank you to everyone here, you guys are the best.

Berta, Thank you for the excellent response, you answered everything I was wondering about. I will follow your advice. I'll update this thread when I hear back from AMC.

Anybody? The question is... After a BVA grant of an EED, and the appeal is sent to the AMC and they lowball the rating, what do you do? Send a NOD to the AMC or does the appeal go back to BVA? Thank you in advance.

After a ton of bouncing around I've finally located where my appeal went for rating. The AMC. Despite the ombudsman emailing and telling me my file went back to san diego, it's at the amc. So what do I do if I disagree with the rating the AMC gives me for this EED? I'm fully expecting them to lowball at 10 or 30%. Do you just fill out a NOD and step back on the hamster wheel or do you get to go back to BVA? Thank you. P.S. on a side note, VA peggy claims my station of jurisdiction is St. Paul. WTH? I live in California, I don't have any relatives that work for VA and I've never worked for VA.

JustGettingStarted, I prevailed at BVA last month with my CUE. I'll tell you the win wasn't until I went through the RO, the DRO and then finally the BVA. I had overwhelming evidence of their obvious error and still VA denied. When they sent me the SOC, the reasons for denial were a carbon copy of the DRO denial which was a carbon copy of the RO denial. And none of it made sense nor acknowledged most of the evidence that showed their undebateable error. To tell you the truth, I was surprised I won at BVA, I was fully expecting to have to go to CAVC or even Federal Circuit. But when you're right you're right and you shouldn't give up. But make sure your situation is absolutely undebateable or you won't win. I'm chiming in only to warn you, do not expect VA at the RO level to grant, not by DRO or by SOC, just expect to go to the next level or even the level after that. Good luck!

My BVA decision redacted BVA.pdf

Berta, I can only find the front page of the Pension award in 2003, where it says granted. However in my claims file there is a page of internal VA correspondence that has that handwritten by a VARO employee, "pension disallowed due to income, ssdi income $1240 per mo." I also have my SSDI earnings statement that reads a whole bunch of zero's since 2002, except for 2011 where I attempted to return to work but lasted only 6 months. This type of attempt to return to work is allowed by SSA, but I could see the VA using this as a reason for a Fenderson, excluding that year 2011 to rate me at 30%. That was the only year I worked since 2002. I have VA treatment notes that were used in that 2003 denial where my psychiatrist states I have been awarded SSDI. I have correspondence in my initial award in 2012 where VA says they obtained my Social Security records also. That 2012 decision is where VA was supposed to recognize the 2003 claim was still pending and unadjudicated, that is when they were supposed to have assigned an effective date 2003 anyway. The VLJ mentions that decision in the very beginning of her grant.

I have been reading threads and BVA/CAVC cases for days, my eyes hurt. A few hours ago I came across a member heres story/threads. Josephine (Betty?), is she no longer with us? I'd love to speak to her if so. Anybody know?

2004 Left Ankle, Lower Back, Psychiatric disorder denied 4/12/12 PTSD/Bipolar 70% IU/PT and Asthma 30% 12/1/14 PTSD/Bipolar increase 100%, Asthma 30%, Migraine Headaches 30%, Cirrhosis 40%, Left Ankle 10%, Lower Back 10%, SMC S-1 granted. 2/13/18 Board grants EED back to 2003 for PTSD/Bipolar, Left Ankle and Lower Back So I'm already rated for SMC S1 but even if the RO were to max out the ratings for the EED I wouldn't qualify for SMC back to that date.

Thank you Buck52. Since I've not heard anyone sending evidence after BVA grant but before RO rating of that grant I think I'll cross my fingers and hope the RO actually reads my medical history from that period, and hope for the best. This is going to be a stressful few months...

IU initial grant was effective 4/12/12 70% PTSD with Bipolar P&T and 30% asthma. P&T was only for PTSD/Bipolar condition. Filed a second claim on 12/1/14 for lower back, left ankle, cirrhosis, gerd, alcohol abuse secondary to ptsd in sustained remission. THis claim resulted in upgrade to ptsd to 100% P&T from 70% IU p&t, and new initial grants of left ankle, lower back, cirhosis of the liver. Filed NOD for effective date, alleged CUE, provided documents proving VA never notified me of original bipolar, left ankle, lower back denial. 2/13/2018 BVA granted eed back to original file date of 11/20/2003 for psychiatric disability, left ankle, and 01/23/2004 for lower back. So, with the history summery out of the way... I don't really have "new" evidence, I merely wanted to point out to the VARO before they lowball my ptsd/bipolar that between 2002 and 2006 I was psych admitted at least 6 times, with two 5150 holds and GAF's ranging from 20-40 but no higher. I wanted this to be of record in a new statement, as well as having my wife write a lay statement as to my mental health between 2008 and 2012. Between 2008 and 2012 I had given up on VA, was not on psych meds and was pretty crazy, but I have no medical documentation. So this is what I was trying to accomplish...

No. Pension entitlement granted claim disallowed because I was on SSDI and my income was too high. SO the question remains, can you send in evidence to support a rating after a BVA grant but before the RO rates it?

Code sheet has it as IVDS, but it really isn't that bad. I totally agree with 10%, same with my ankle, it's 10% and I really have no medical documentation between 2004 and 2012 that indicates it's any worse. However, for the psychiatric disability... The 2004 denial that was just granted by BVA was also a dual compensation/pension claim. As you know service connection was denied in 2004 but Non Service connection was granted for bipolar disorder at 70% permanent and total for pension purposes. ALSO, three months before that rating decision I was awarded SSDI solely for bipolar disorder. I have been on SSDI since 2004. Should I send a 21-4138 pointing those things out to San Diego? Or will they treat that as a new claim? Advice would be much appreciated! Are you allowed to send evidence to the RO after a BVA grant but before they rate it?

I asked this question exactly on another website a few minutes ago, but wanted get input from you guys. By the way, the other site discouraged me the whole way mostly and you guys saw me through this, so THANK YOU! Today I received my BVA decision letter. All three contentions, EED were granted. However, the VLJ declined to rate and sent my file back to San Diego not as a remand but as a grant. Here's the closing verbiage of the notice. I'm wondering if I should start gathering evidence of my level of disability in 2003-2012 to send to San Diego to help them determine the proper rating? --- "As such, the Board finds that the October 2004 rating decision denying the Veteran service connection for a psychiatric disability, a left ankle disability, and a back disability never became final.The earlier claims of November 20, 2003 (psychiatric disability, and a left ankle disability) and January 23, 2004 (back disability) are considered as part of the same claim stream that is currently pending on appeal (2015 rating decision).The Board will not discuss the other theories of entitlement asserted by the Veteran, as it is unnecessary to do so since his claims have been adjudicated favorably.The Board is cognizant that the Veteran currently receives a 100 percent disability rating for his psychiatric disability, and 10 percent disability ratings for his left ankle and back disabilities. However, the issue of assigning a specific disability rating from the time of the October 2004 rating decision is not currently before the Board, only the issue of service connection."---Yvette R. White Veterans Law Judge, Board of Veterans' Appeals