Bluntly

@pacmanx1 thanks for your reply. I’m already TDIU because of my ptsd alone which is at 70 percent. All I was asking for was an increase on my ptsd and an effective date issue regarding the ptsd. The Va came back with “Entitlement to individual unemployability effective November 11, 2016, is continued”, which confused me because I never put that down on the form. As far as SMC, yes you’re correct that is in play also. That’s on a separate appeal also at the BVA.

@broncovet Thanks as always for your reply and feedback. I had a talk with my attorney and he mentioned that since it’s an increase then my IU is in play. So I’ll just have to wait to see how this plays as I do have faith in them. Increase and effective date issues in play, but because I asked for an increase and that increase is connected to my IU, then I guess I can understand why they brought this IU up. Thanks for reading and will post back whenever this is over with.

Greetings, Hadit family As I’m currently waiting at the BVA for my appeals, I was reading over one of my denials. The VA put down something I was never appealing, which was IU effective date. I never was challenging that, I was challenging my rating effective date, that made me IU. I was determined to be IU from my PTSD alone, so I was challenging my effective date on my PTSD and not IU. It’s like they changed the narrative on this appeal which fits their story for a denial. They’re correct in the denial of the IU effective date because of my rating for PTSD. I clearly put down on the form what I was challenging and still have it uploaded to my file, which states PTSD effective date wrong and the year it should be. I have the evidence in my file to show that my 70 percent PTSD rating should have been a few more years prior from the date they have now, which in turn will change my IU effective date. Is this something worth bringing to my attorney attention or just have the BVA do their due diligence and catch this error? Is this even a big deal? Thanks for your time and any insights are well appreciated.

@jfrei I got my answer and it was denied. I can say I believe that my congressman made them make a move. After a week from filing the form to congress then I get an answer. Coincidence? lol I say not but thanks again for the advice because it worked for me. Now I’ll just sit and wait it out for the long haul for a BVA hearing.

Sorry to hear about the troubles. I really appreciate you replying back on an update. I’m in for the long haul again myself, as I just found out my advance on docket was denied. They put me down for a BVA hearing, so I’ll have another 3-4 more years to go.

@broncovet always appreciated and thanks as always. After continued denials I decided to not give up and just hired an attorney this time around. His take is 20% which I’m ok with especially if it gets me aid & attendance or even smc t.

Thank you for this. I’d just put in an inquiry to her and this my first time doing this. Hopefully I’ll have better luck as I always heard rumors that our congressman/woman don’t really move the needle dealing with the VA.

I know this post is old but I happen to run across this during my research. @john999 I also have Karl as my attorney and would love to hear about your experiences with the firm. I’m heading to the BVA for a hearing and retained him last year. So far communications are excellent and no problems there. Just like to hear any success stories and hope you got everything you deserved. Thanks for taking your time to reply if you can.

Thanks so much for this info as it’s gladly appreciated. As of now I’m still waiting to hear back from my representative and thanks a lot for your time, I will update back once all is finally over with.

Greetings, Hadit family I’m currently still in the fight with the Va and have 4 appeals at the BVA awaiting an hearing. I applied for the motion in February of this year and it’s been crickets since. I started calling this month to inquire about it and keep getting the same generic answers. So today a nice lady finally was able to shed some light on it and said it’s currently waiting for a hearing to be scheduled, as it’s with the BVA hearing administrators. She said that’s a good sign but idk since no decision been made yet to grant the motion. Anyone else been in a similar situation? Or what else can I do on my end? And what to look out for etc. Would I hear about my hearing being scheduled first? Or would I hear about my motion being granted first? Thanks for the your time & responses P.S. I have an attorney but haven’t heard back yet in regards to this.

Greetings, Any updates with this? Because I’m going thru this now. I filed a supplemental for earlier effective dates for my ptsd/tbi ratings. The decision came Nov. 9 2023 and in the decision letter it added a claim I never claimed, also left out a claim that I wanted to claim. They left off my earlier effective date for tbi and decided to put tdiu which both was denied(ptsd & tdiu ED’s). I called Peggy the following morning and they put in a request to have it reopen because they clearly see what I claimed on the form. They didn’t know why it was put in I’m challenging my tdiu effective date when it’s nowhere on the form. I was informed to give them 30 days to decide this and to be waiting on another decision letter. Best of luck on your journey and thanks for the time.

@Dot09 I chosed the supplemental route to address my issues. Currently preparation for decision phase, as I’ll post back with an update on completion.

@broncovet I appreciate the insight as always. I had a talk with DAV today for over 30 mins and he couldn’t identify the evidence that VA was talking about at all. I called the 1800# and was advised to just resubmit my claim as supplemental since they have the evidence that wasn’t considered already. She didn’t know also of this so called evidence they’re talking about. So I’m going to give it one more try before I take it to the board, as we know going to the BVA will take some years before my case can be heard. I just feel like I’m being set up for another denial since I can’t identify the actual evidence that is needed in a supplemental claim. I’ll post back once I get all this situated and Semper Fi to all continuing the fight with the VA. Lol it’s kind of ironic that I served 4 years and been to combat a couple times but been fighting the VA longer going on 8 years.

UPDATE: The BVA is where i will have to go again. Ptsd is continued at 70, tbi continued at 10 and kept it combined with the ptsd. Also effective date denied for the tbi, Smc S wasn’t mentioned even tho I brought it up during my conference. She said she’ll look into, so I’m confused on what this means: ”The evidentiary record closed as of the date of notice of our prior decision. VA received additional evidence after the record closed that was not considered as part of this decision. If you would like VA to consider this evidence, you may submit a supplemental claim at any time; however, VA must receive your application within one year of the date of notice of this decision to preserve your right to receive the maximum possible benefit. The evidentiary record in a higher-level review is limited to the evidence of record as of the date the agency of original jurisdiction issued notice of the prior decision under review. The higher- level adjudicator may not consider additional evidence. Therefore, VA will only consider evidence received by the VA prior to or on March 27, 2023 for rhinitis. Further, VA will only consider evidence received by VA prior to or on May 16, 2023 for post traumatic stress disorder (PTSD) with traumatic brain injury.“ I’m confused because idk what evidence they’re talking about that was not considered because it was received after the date of decision. I’ll give the DAV a call on Monday to see about this so called evidence that wasn’t considered at the time.

Thanks a lot to everyone as I’m in pending final review. I mentioned this in my HLR informal conference. I’d asked did Bradley vs Peake apply here? because of my current rating and she said she’ll look into it for me. The conference was held August 23rd and pending final review that 29th. So we’ll see the results real soon and I’ll update once it’s completed. *Edit: updated to preparation for notification as of yesterday. No letter generated yet, or changes in ratings.