SigBnSoldier

If the VA was aware you were getting SSDI for a solely service connected condition I think you have case for TDIU EED.     I asked for EED when I got TDIU and I used SSDI effective date as the reason.  The VA did not deal with that issue but  granted the same date for EED based on hospital admission.  I think they di d not want to deal with the SSDI issue.  They were aware of my SSDI award date.  I think SSDI dates are a minefield for the VA and many vets have this potential issue.  Thus they blow smoke to avoid granting such claims on first go round.   I think your SSDI date and TDIU date should be the same on logical and moral grounds.  VA usually scoffs at those concepts and sticks to warped letter of the law.  It is worth pursuing.

Job WD!
Might be time for a VA Lawyer sit down for a consultation or to contact the Vet Legal Consortium in DC to discuss Legal  options.
Then again, ask AskNod, he just got Credentialed to Rep at CAVC. Who better to get a free Consult and possible CAVC Representation.

I think IU has to be applied for. Meaning they are not just automatically going to grant it. I would definitely apply for it and fight hard for it.
"Entitlement to an effective date from January 23, 3004 for the award of service connection for a back disability"  3004 is a long time off
Best of luck.

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.
 

Many of you have assisted me in my filing of this CUE.  You can read about it in the thread here in the CUE forum called "Fully Developed CUE".
I just got off the phone with the former DAV service officer that used to be my POA.  He was able to access the BVA decision and read to me, 
Entitlement to an effective date of 11//2003 for PTSD w/bipolar disorder is granted
Entitlement to an effective date of 11/20/2003 for residuals of a fractured left ankle is granted
Entitlement to an effective date of 01/24/2004 for a back disability is granted
 
So not sure what the RO/AMC will rate them after the remand back to them, but I know back in 2003 the Los Angeles RO rated my bipolar disorder at 70% non service connected.  When they finally granted service connection for it in 2012 they rated it 70% P&T with IU
Anybody(now if they're required to rate the PTSD w/bipolar disorder at 70% P&T all the way back to 2003?  Since thats how they rated the NSC rating?  Berta?  Asknod?  
 
 

Submitted CUE to Los Angeles RO on 5/6/15.

Evidence included-

7/21/2004 VA Form 21-4138 stating I was homeless with no mailing address at the present time

10/21/2004 Denial Decision letter mailed to address I had told VA I no longer lived at.

01/19/2005 2nd mailing of denial decision letter sent to the same wrong address again. This time RO handwrote in "C/O New Directions" but sent the letter to the same wrong address.

08/31/2004 Social Work Progress Note from VAMC stating place, address and phone number of new address in Santa Barbara I could be located at

11/10/2004 VAMC Los Angeles inpatient progress note stating I was returning to Santa Barbara.

01/19/2005 VAMC Los Angeles discharge summery note stating I was again returning to Santa Barbara Rescue Mission.


21-4138 Stating VA failed to follow proper mailing procedures and did not provide me with appellate rights. That I later, in 2012 won service connection for PTSD with Bipolar Disorder, and that effective date of 4/13/2012 was clear and unmistakable error, as well as the other contentions of that 2003 claim remained appealable.

So folks, do you think I've rebutted the presumption of regularity with this CUE claim?

You don't need the M21 crap. The law is dispositive on the Presumption of Regularity of the mail. If VA mailed it to the wrong address, it is not considered delivered. End of argument. The notice is not considered delivered until some communication on your part is received by VA stating you did, indeed, receive it. At that point equitable tolling kicks in and you have one year to pitch a bitch. 
Take a gander at this. Rios was the first case of this nature and still stands as on-point law covering mailings.
https://asknod.org/2011/09/27/cavc-rios-v-mansfield-2007-presumption-of-regularity/

It will update after the claim is closed.

UPDATE--
Obviously email to Undersecretary Hickey worked, even though I didn't get a response.  I emailed her on Thursday, and this morning I woke to a new rating.  The CUE claim is deferred, as it was combined with the existing claim I had with 5 other contentions.
My rating went from 80% IU P&T to 100% P&T with SMC S1.  Pretty amazed watching ebenefits yesterday go from Gathering Evidence all the way through to complete.  
No word on the CUE, I'll see if they mention it in the decision letter I get in the coming days/weeks.
 

Thanks Chuck75.

My read on it is VA is ready to decide the CUE when they decide the claim that was opened before the CUE was filed. It appeared as one of the contentions on the claim that pre-existed the CUE claim once they closed the CUE claim.

I'm at the (hopefully) tail end of that other claim with 5 contentions and the newly added CUE contention so hopefully I get a decision on it soon so I can move on to BVA. No way is VA going to award 250k retro at the RO level, unless of course, unicorns really do graze on the lawn of 11000 Wilshire blvd. next to the snarled traffic of the 405.

Sal from LARO just called a few hours ago and asked if I'd like this considered as an appeal or a CUE. I told him the reason I sent it in in both ways was because the RO probably would refuse my 21-0958 as untimely. So, I sent one anyway, as well as a fully developed CUE claim.

Then he said I'd probably hear from them about this in about 6 months.

GAFs between 20-40, with 7 inpatient 5150s. Between 2003 and 2007 I was homeless and it's documented.

Yes, all the documents sent are from my claims file, date stamped by LARO.

They already pieced it out to me a bit, by DRO award of EED for asthma all the way back to 2 /2004 at 30%. It was a nice check, but that knowingly mailing to an address I didn't reside at and had informed them of just didn't sit right with me. Unfortunately I didn't include the bipolar contention on that NOD, only asthma, so I have to go the CUE route with it because it's been over a year since service connection was granted.

I'm thinking I'll skip the DRO this time though. Off to BVA and then I'm assuming it'll need to go CAVC, unless I get a fair VLJ.

Check it out--  https://eauth.va.gov/ebenefits-portal/portletHtml/Mobile/myeb.html

No sir. You do not give up the ship. You are not an attorney. You do not know of suspense dates and such. My statement above is me playing the Devil's advocate as VA would. You had these records in your possession. Period. So what? They're legal mumbo jumbo to most. How could you know that VA's failure to contact you was a violation of due process? Now for some constructive law.

There are either one, the other or both of two things you can fight on appeal of a claim. You are appealing the law (case) or the facts (controversy) or a case of both. Here, it is case. You have not been served or mailed a copy of the denial. If you had, you could appeal from it. That it happened in your absence while your zip code was flexible is of no matter. When these things happen, everyone stops what they are doing and waits for you to re enter the system. Again, without any law training and a real lawyer representing you at any time in the past, you are blissfully ignorant. You do not know what happened to the 2004 claim. You could not know they denied you because they were never able to tell you so. If and when you win, you suddenly discover that the old claim was never closed out by the failure of the mailing, you can raise a stink and claim your effective date as 2004 and cite to Henderson. This can only be done at the time of the original win for the claim or within that golden first year to object with a NOD. All the more reason to get on the stick, sir. It's elementary VA law if you know what you are doing. You will win it but you have to have a good legal mind to guide it. And by the way, I receive no Hawaiian cruises or tickets to Disneyland for referrals. I get to sleep at night really well though.

Your legal recourse is this. If you have not mailed in a NOD on the CUE denial, do so and include this new theory. A homeless gal in exactly the same circumstances got this equitably tolled and continued her old claim. VA will never grant it as it is almost a matter of first impression for the CAVC. That phrase means it has never been adjudicated in VA law to VA's satisfaction. It has, but not under the exact same circumstances as yours. Nevertheless all the claimants in these cases won. You will have no problem getting an attorney for this. If you need one who can actually sound this out like Phonics without blowing bubbles, private message me and I will give you several. I say many attorneys might be quick to take this because there is a large pot of money on the table that can be won.

After you have kited the new NOD, an attorney taking over would merely be picking up where you left off. He would never be allowed to revamp a CUE claim if you hired him before the filing of the NOD. He'd have to refile it with the new theory. If you have not filed a NOD on the actual win- again- here is another opportunity to pull 38 CFR 19.25 out of the hat and claim the earlier 2004 date as the correct one. This is why you need a take-no-prisoners leagle beagle.

When in doubt, look at my flag below. Never Chieu Hoi to the VA. Never. If you do, it's counted a a win for VA and they use it to defend their statistics.

First it doesn't make any sense to hold onto any claim since when the claim is awarded back pay is paid based on the date the claim was submitted. And no one wants to lose compensation.

As to submiting a claim if your less than 100%... I have even submitted claims when I was already rated TDIU and then later when I was rated 100%. At one time I too though that it didn't make sense to mess with a claim if you were already rated TDIU or 100%... unless the claim concerned a life threating condition. But those that told me this didn't know what they were talking about. First, most veterans don't receive Housebound or A&A until after they have been rated TDIU or 100% and have serious health problems. I wasn't even awarded adapted housing until years after I was rated TDIU, and I wasn't granted A&A until years after I was rated 100%.

Another arguement that is ongoing, is that the va will look over every issue that was every awarded when you submit a new claim... hogwash... unless there is a glaring reason why they should review every disability rating they va just doesn't have the manpower or time to re adjudicate each issue.

Also, as long as it takes to get a claim approved, ( I'm already into a claim that is over two years old) adding a new claim just isn't going to change the time frame much.

The bottom line.... A new claim is not going to effect a claim already in progress. Sometimes, a rater will hold back the decision on the 1st claim while deciding a 2nd claim. Other times they will just issued a decision on each claim. I think what ever makes the veteran comfortable is what really matters.

Anyway I base my opinion on personal experience with the VA and on dealing I had with the va as a Service Officer......

Thanks for the clarification.
That is an excellent nexus--- it seems to me they SCed you for PTSD with some consideration of the alcohol problem BUT you need to formally claim the cirrhosis because VA cannot connect the dots....even if they are obvious ones.You will need to send them that med statement to make sure they use it.

I commend you too for years of sobriety as Pete did.

My first date with my husband was the Movie "Platoon" (1985)

The second date..he said he would introduce me to his friends.

We pulled into a church parking lot about 7 PM and the church was not our same religion and the parking lot was packed..I thought it was a Penny Social. I was wrong.

Of course you guessed it..... It was a closed meeting but someone allowed me to peek in and someone was just starting their story. I could hardly see them because there were about 100 people in the room and of course in those days the room was completely filled with smoke.

I didn't drink at all and he proposed not long after that.

Since that second date I had the privilege of attending hundreds of open AA meetings with him. He had plenty of clean time when he died.

The first beer he ever drank was in Vietnam. He was 17 when he joined USMC. His parents had to sign for that.