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DC2NAVY
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Posts posted by DC2NAVY
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Buck52 Do I have medical proof. I filled SSDI in July of 2011 awarded in Aug 2011 25-28 days later, when your on SSDI they
have found you to be Totally Unemployable, with my next and honestly first exam in 7 (2018)years after the date of award. Va
had knowledge of this in Aug with original claim and just didnt look into it. When i sent them, fax them and mail them a copy
of all this they had a Duty to Assit and did nothing. Va Voc Rehabs own records showed I was switched into IDLAP program
deemed unemployble, what more do i need? I only have ever seen VA or Military Docs and records. I do not have any
personal DR in my life. Somehow now they rated me a 100% P&T and awarded my original claim for PTSD back to 2011 with
back pay.
I didnt submit any new evidence ever just the same evidence always had, How did they find me unemployable now? Because
I met the % requirments to file which was granted back to 2011 or due to SSDI award dated back to 2011 or due to VOC
Rehabs records from 2011? But they find me in 2014 to be IU becuse i just filed it, well I was informed I got invited to file
finally by award letter backdated. I will file the claim, I have this(Hadit) account written down now and will post my results.
And share all for everyone to see the outcome and understand better for themselves
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Pete 992 you hit the nail on the head with everything you said there. That is exactly my case, and everything you said makes
sense and seems to be what I have landed on. Other then my CVSO and American Legion Service Department say it a little
different. And think I file the NOD on the IU claim itself fighting for the effect date.
Buck52 I am grateful for what I've been awarded, but this kinda practice by the VA needs to come to a hault. And I would think
most people would be happy as well. But if you know your own claim and have been living through the years and hard times &
waiting, you feel that maybe the VA's slow process isnt your own fault and whats owed is whats owed. Ive been doing all
these claims Via Ebennies on my own but with advice from many. I bet this happens to tons and tons of people and their own
personal claims and they just get their award and some back pay and run with it never looking back. Im a 100% now due to
filing IU last AUG 2014, by filing the IU attached claim, if they would have had me rated this 3 years ago i would have filed IU
and been IU all this time? But I should just be happy with it and settle? Honestly I dont conduct my life in that manner. I
follow thur with whats right and or I fill thats right. If I am wrong I am sure the VA will inform me via a letter in the mail
sometime in the distant future.
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They granted me 70% Ptsd overall 80% since Aug of 2011 and I was IU % min req ready but didnt find any of this out until Aug
of 2014 when they awarded it to me by way of mail.
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I didnt file till I met the min req for IU its what I thought was the proper way. Ive been on SSDI for service related inuries only
since AUG of 2011. It took the VA over 3 years to get to me and finally grant a % that met the min Req for IU but they went back
in time and corrected the % from my original claim i put in for PTSD seeking the Highest award? How do I go back in time to
file because of the untimely way for IU because i met the % Req in 2011 as far as I can see. And havent worked and been
deemed unemployable at least by one other Gov Agency ( SSDI)
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Navy04 your the only one posting the same answer. Everyone else post what they believe to be right. I havent figured it out \
yet. Should I run with what you claim to be true. Are you the only one telling me what the law is or how you interpet it to read. I
value everyones input and suggestions while i go thur this process of figuring it out.
Pete992 I almost agree with all of that except that I file the NOD on my 70% award for PTSD, when that came thur last AUG I
filed the IU that was attached as its own free standing claim i think? I dont really understand but there was no IU awarded with
this Claim last Aug. I filed IU after I recieved the 70% back dated for 3 years meaning I became IU eligable in 2011 but just got
awarded IU last week back dated to Aug of 2014 only. My American Legion Rep at the Fed building said he thinks NOD the IU
claim? Im getting mixed and totally different answers and everyone thinks that he or she is correct.
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it seems to be the case that how many times i do ask and the answer is different. As far as getting an attorney I think I will
pass. I havent had one this far and will not be getting one to fight for the Earliest effective date (EED) either. I am already
awarded IU P&T filed last AUG of 2014. Due to the Award I recieved stating 70% PTSD rating effective AUG 2011 recieved on
AUG 2014.
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Ive posted a year or so back on my case leading up to this, and would love to continue off that and update the info because
thats how this place works. I can not for the life of me remember my username and or password for that account or even the
email I used. Thats my biggest issue is my memory these last few years. But again thanks for any feed back its much
appreciated.
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When someone is granted a % for a disability that meets the min Req to file for IU and its was attached to the Award letter and
you file it. What is the effect date for that IU claim? The date you filed IU or the Date that you met the min requirements to file in
my case 3 years prior. And if you were going to file a NOD would it be on the IU claim itself stating I agree with everything
except the Effective date?And maybe tell them exactly why it should go back? Thanks for all and any responses.
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Everything you mentioned I have been thur, Divorce of 12 years with me all thur military just no long after, and everything else,
repos, food shortage,child support to ex wife, just a mess the last 3/4 years....Thanks everyone for the replies.
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Also if I file a NOD to the rating decision in AUG 2014 this is for a 70% increase to PTSD raised from a 30% awarded in Sep of
2013. And it all stems back to the original claim in AUG 2011. I filed a NOD in Sep of 2013 not agreeing to the 30% rating. After
the award of 70% in Aug 2014 retro to Aug of 2011 i do not disagree with that. I then filled the attached IU paperwork that was
attached to the award in Aug 2014. If I file a NOD on the Aug 2014 70% what am I NOD with because the IU wasnt put in yet? I
Filed the attached copy of my IU that came in the Award letter in AUG 2014. My IU was just awarded last week. This is were im
still confused!!
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Pete992 Thanks so much for your input. I would have to agree, after reading tons of info this last week. This is most likely the
path I will take I believe. It might not be clear to everyone and its been a very long wait and process. But it is very clear to me
most likely due to its my own personal claim. (Of Course) But I must add there are probably plenty of people that have had this
happen and never even thought more about it. Im not being greedy just getting what is owed for my family and what we all
went thur, the many moves, going without food, clothes, and basic needs at times etc etc. JMHO
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I understand I have a NOD to file I just got awarded IU last weekend, My 70% award from last AUG im not so sure thats the
claim to put a NOD on? Looking into it.
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80% rated since AUG of 2011, Just got informed of this last AUG of 2014 3 years later. They attached inferd IU in the 70% rating.
I filed that IU paperwork. Just got awarded IU last weekend. Retro to Aug of 2014 but I became % eligable in Aug 2011
according to the paperwork they sent.. I dont know how else to explain it
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You guys I filed for IU after they attached the paper work to my award letter in AUG of 2014 for the 70% ptsd. But the damn
award letter was also back dated to my original claim date of AUG 2011. I filled for IU but did not request it to be back dated
and or paid to Aug of 2011. I did not want to muddy the waters and or make the decsison of just granting or denying me IU
based on a date. I figured I would just get IU see if they do they right thing. They did not. You FILE FOR IU WHEN YOU have a 60%
one rated disabiltiy, or a combined at 70% with one disability being 40%. I am 80% total as of AUG 2011 folks, but I Just found
out last Aug of 2014!!!
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This is the case, I was awarded 100% P&T Just 8 days ago, got IU retro to Aug of 2014 IU filing date. In Aug of 2011 i was
deemed UnEmployable due to my condition. By SSDI by being award that, can not work have not worked. I was deemed
unemloyable by the VA in the Voc Rehab program? And filed a claim for Ptsd as well. So Just last Aug of 2014 when they
finally gave me a 70% rating, sent me IU paperwork basically stating they messed up and award me 70% back to AUG of 2011
which is when I became eligabile for IU and to file but wasnt made aware until AUG 2014? WHEN THEY SENT ME MY Award
my letter in AUG of 2014 it was TRULY DATED FOR AUG of 2011. I have been 70% rated for PTSD Since AUG of 2011 but I just
found this out in AUG of 2014. Did I BEcome eligable IU in August of 2011 or August of 2014? I am now 100% IU P&T. And I
agree I either have a EED NOD to file or a CUE becasue they have time and time again overlooked submitted evidence and
ignored facts. I never submitted IU paperwork because I did not meet the % requirements until they finally granted 70% last
AUG 2014 but covered there buts and back dated to AUG 2011. If this is all legal, then I guess they should do this more often
to screw everyone over on Monies they lost throughout the waiting for claims to be processed. I can not file for IU or I did
not until I met the miniumum Requirments per The VA standards So they notified me last AUG of 2014, here is your award
letter and its all back dated and we over looked great evidence of your condition sorry. We now grant you what you should
have had 3 years ago, but things that come with that granting like IU is locked in to screw you from when you truly became
eligable.. I find it funny, and I believe I am right and so do a few others. I have read BVA Cases now over this weekend, and I
will win, I will get the retro, I was just looking for help on the best way to file this. And I believe a NOD on the EED date of IU
is the correct path. You file a IU claim once you meet the % req. Well for my case that is AUG of 2011, and then they granted
70% in Aug of 2014 about 3 years later, that is not my fault, and if they get away with this, then they will do this to everyone
taking away years of rightful payments and benifits.
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BassRunning, I was award on Aug of 2014 for 70% and awarded 3 years of back pay to Aug of 2011. And a IU claim came with
the award letter. Which means in Aug of 2011 I was eligble for IU, How do I go back in time to file then? Since I technically
met the requirments in AUG 2011 but not being notified until AUG 2014? And statying in the award they made a mistake
awarding me a 30% rating in 2013 awarding me only 30% and they misjudged and overlooked SSDI and VA VOC REHAB records.
So I believe I should be able to file have my awarded IU attached to the AUG 11 findings.
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Thanks for the responses, greatly apperciatied. I thought once you meet the minuium requirements for IU you can file. Thats
what I did. Due to the VA's slow slow process, I might not get money I feel I lost out on from AUG of 2011 thur Aug of 2014.
Everything in my life leads to AUG of 2011. When I was awarded SSDI based soly on VA and Military records for PTSD and the
VA Voc Rehab deemed me unemlolyable the VA's own training emplyable training service all in Aug 2011. I filled my VA Claim
for PTSD submitted I was not working due to PTSD and was not in the VA VOC rehab due to it. Took them 3 and a half years
and a NOD to get 70% rating back dated to AUG of 2011 saying that they clearly over looked SSDI statements and VA Voc
Rehab records and made it all right. So In Aug of last year when the award letter showed up back dated 3 years with a IU
attached why does it only go from right then..They are 3 years late getting it to me.? Thats my question who is at fault.? Is it
me or them, I did what i had to and filed paperwork and got slow played in the VA system.
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Navy 04 I filed in AUG 2014 after they sent me an award letter dated back to AUG of 2011 and infered IU I thought IU was
maybe part of that Original Claim. I became eligible for IU in AUG of 2011 according to there very late award of 70% again
awarded to 2011. They invited me to file but only after 3 years of a NOD. Im not sure its just off my file date of IU. This is one of
the least known programs of the VA and this situation is even a little more uncommon. Thats why I ask and appericate your
response. But I have read it both ways for some get ssdi award date for unemployment or original claim that made them
eligable for IU or the file date of IU. Which is what I got. But I think if there is something to file I might just do so.
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im going to try and get with the county service officer, but our's just recently quit or got fired? He was helping me somewhat
thur out the years with all this. Im looking into the best possible way to do this, yes I agree with IU 100% P&T but I do not agree
with the EED of IU. I believe Aug 2011, not even April of 2011 last date worked. I guess they had 3 choices. April of 2011(Last
day worked) Aug 2011 (original claim date turned NOD) Aug 2014 70% PTSD award date IU FILED. And they decided on the IU
date award date of 70%. And i believe the award is worded strongly enough to show they ignored or overlooked clear evidence
of unemployablity and the overall serverity
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Was trying to simplify my long story to make it easier to understand. And this is my question as to if there is a CUE to file here.. Thanks for
any feed back.
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Got an award letter in hand and IU inferd by them sending me paperwork for it, attached to my 70% rating
increase in AUG of 2014 backdated to AUG of 2011 saying due to SSDI and VOC Rehab records my
condition was more disabling then reflected in there intial findings. When Did I become eligible for IU in AUG
of 2011 or Aug of 2014?
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Was Diganosed with Depression, Anxiety, Chronic sleep impairment in May of 2011 at VA. Seeked treatment
with VA Filedfor SSDI in late july of 2011, awarded in Aug of 2011. Filled Va Claim in AUG of 2011 for PTSD
was awarded 30% in Sept of 2013. Filed NOD they never looked at Voc Rehab Records and or SSDI
according to the 30% award letter and evidence reviewed. The NOD stated
member is on SSDI based only and soley on VA treatment and Military records only. And we mentioned VOC
Rehab again. In 2014 I was awarded and back date paid 70% to Aug of 2011 and then they infred IU finally
and sent me paperwork I recieved in AUG 2014 dated AUG 2011...So when did I become eligble for IU? Is
this a CUE on there part? Over looking clear evidence?
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Your right on my memory, but I know i was deemed unemployable by SSDI and could not work since AUG 2011
and havent since then. And VoC Rehab records indicate. I just think they ignored those facts and when they
awarded 70% and back paid to Aug of 2011 admitted it themselves. What is the Cfile and how would one order this?
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Hello everybody, I have a question and I will get straight to it. Service connected since the day I got out
1OCT2004. For servical spine injury and for both hands all at minuium 10% ratings and one for a scar on hand
at 0% rated @ 30% total. Got into VOC REHAB in 2007. Laid off in 2011 april, and was going thur divorce of 12
years, seperation from my dependents, school was lacking, i knew and was told i had issues and wasnt the same
person i was before service. 1997-2004. Sometime in May of 2011 I went to the FT Wayne, IN Va mental health
clinc with no appointment. I just showed up one day found myself there I guess. And went and poured it all out
basically my in service exeperinces, how i destoryed my marriage over it, etc etc. I left that day with meds in hand
and started getting treatment at the local VA for mental health. In July of 2011 I filed for SSDI online, I was
deemed unemployable by VOC Rehab and put into the IDLAP program and even had a walk thur of my home
from the Lady that ran the program. They asked me my hobbies and what I liked to do, I was giving a laptop, and
printer all by Dec of 2011. Was awarded ssdi in like 28 days from online site. Only submitted VA-Military records
to them. When I filled my claim with the VA for PTSD I was 30% and on SSDI for service connected items only.
County Ser Rep & myself submitted copies of my SSDI to the VA around this time or shortly after. Sep 2013
awarded 30% combat related PTSD i filled NOD Same month. Long wait in June 2014 called American Legioin
and they recommended a hearing so I went for it. I went to the FED building in INDY. I sat across from a lady
Directly invovled with my claim I guess. I asked simply ( What is taking so long?)with my claim?
I have been awarded SSDI in AUG of 2011 Deemed Unemployable since, VOC Rehab to IDLAP, not worked
since April of 2011. She said i understand give me 30 days. And I think you will be at 100%. Well within 35 days i
got an SOC giving me a new rating of PTSD at 70% and the reason states that it was way more disabling then
reported during their initial evaluation. Due to SSDI and their is a clear mark in impairment due to PTSD. And
Voc REhab records indicate etc etc...Clearly going back to AUG 2011..They made right and awarded 70% to AUG
of 2011.. I agreed with the SOC and did nothing for 60 days and then 26k hit my account and I got the award
with IU finally attacthed for the first time. Not just Voc Rehab paper work or dependent paperwork. I filled the IU in
AUG of 2014 and just over this last weekend my ebenies updated showing me commisary, ab8 and today a back
pay amount showed up. Only adding up to IU file date of AUG 2014.. They went back in time and awarded me
70% from AUG 2011 and finally I met the minium requirments for IU. I had told them for 3 years about SSDI on
inital 30% rating they ignrored all evidence of SSDI and VOC REHAB. And made that clear in this 70% awarded
letter. Did I do something wrong or do I have a leg to stand on. Or is it truly the date you file for IU? Not there fault
or am I wrong? I dont want to file a NOD on this at all..I just have an issue with the EED of IU? Everything as far
as I can tell, points to AUG of 2011.. Claim date of PTSD, AWARD month of SSDI and VOC Rehab deemed
unemployable transfred to IDLAP program. And in AUG of 2014 awarded 70% back paid to AUG of 2011. Please
any responses are apperciated. And is this the right place is this a CUE
Tdiu And Earliest Effect Date
in TDIU Unemployability Claims
Posted · Edited by DC2NAVY
OK AUG 2014 Award letter Reason and Decision if need more let me know
AUG 27 2014
Dear Mr ************
We recieved a Notice of Disagreement from you on Oct 23, 2012 about one or more of our eariler decisisons.
the granting of an increase in your service connected PTSD disorder from 30% disabling to 70% disabling this is considered a partial grant etc etc
Reasons for Decision
We originally assigned a 30 percent for service connected PTSD. Additional evidence for review shows that the condition is
more disabling then reflected in that evaluation. For Example, Social Security admin records show that there is a marked
impairment and a detemination that you are disabled due to the condititon. Voc Rehab Va records show you were
discontinued in the program due to you symptoms of PTSD. VAMC outpatient records show fairly stable level of impairment
with reports of anxiety, depression, history of anger outburst.
The evaluation of PTSD is increased to 70 percent disabling effective Aug 19, 2011
There is more let me me know what else might need to be seen if anything