Michaelreconscout

what my plan is to try to reopen it, request a dro, then contact a lawyer, and have CUE as my last alternative. its never been as far as the RO

I did appeal, but since they said I was not eligible to make a claim for TDIU there was nothing to appeal. I appealed the proposed reduction for PTSD the VA proposed to reduce from 70%-50%, and made me ineligible for the TDIU claim, then I sent an appeal letter, the VA said that they made an error and that my PTSD would stay the same. My claim for TDIU was never adjicuated, they never sent another 21-8940, even though they had evidence of unempolyability from the PTSD C&P exam

The Dr did not specify wether it was sedentary or not at that time. My current doctor and vocational evaluation say both. The problem is that it doesn't matter, once the VA had knowledge of unemployability due to SC AND that SC is under TDIU criteria (ie 70%PTSD) then they have to send out the 21-8940 form and evaluate you. This evidence of unemployability was from a C&P examiner for PTSD 2006. I dont get any SS disability. im not over 55 I read that entire pdf, thank you it cites Cases as well, I have a bunch of cases similar to mine that have gone to VC

ALL VA correspondence is logged and recorded you can access in your c-file, sometimes if the VA mails to the wrong address the date for appeal is still open. my argument rests on 1) the VA never properly evaluated me for TDIU, they also never sent me a form 21-8940. 2) they never denied me TDIU, they just said that I was not eligible because I did not have a SC that was 60%, all because they proposed to reduce. I was 70% PTSD, they never reduced me, My PTSD effective date is 3/2005. The VA had to evaluate my claim for TDIU because I was eligible, and they had knowledge of my unemployability

also , VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. this was the ruling to force veterans to select a specific service connected disability for a tdiu claim. before this you were able to claim tdiu for several service connection. once the VA has evidence that a veteran is unemployable due to a service connected disability, the VA MUST send a form 8940, even if they deny it 99% of the Time

I agree sir I did use FDC, so I was going by that time line but its looking like a 7 month total for decision

The TBI is something entirely different. Sorry I wish my wording was as good as yours, I have even had poly trauma treatment from the VA for tbi and documentation of explosions/injuries from. I am gonna leave that be for now. this was all one original claim in 11/2007 I applied for an increase in PTSD(70%) and TDIU the VA proposed to reduce my 70% PTSD rating to 50%, they said this would make me NOT eligible for entitlement to TDIU(you need to have 70%). The VA then said that they will not reduce my PTSD. They never adjicuated my claim for TDIU, to the End product. they never sent me a 21-8194 even though I have been eligible for TDIU since 2007 this is all 1 rating decision

Thank you I agree I dont want to use the CUE until last option, I would like to reopen, or like the gentleman mention earlier, file for a NOD once approved for TDIU on the effective date, and let them have it!

THANK YOU!!

Hi Berta Do you get SSDI and if so is that solely for the PTSD? No I still dont have any SSDI If so, when did the VA know you received the SSDI? None Did Voc Rehab ever turn you down, based solely on the PTSD? No, Voc Rehab paid for me to goto school, but could never help me find a job. You have " a professional vocational evaluation" so that sounds like great evidence. There might be CUE in the older decision. This stuns me: "I am about to receive a decision for a TDIU claim that I filed 3/2018" How do you know that decision is coming so soon?. I filed a Fully developed claim in March, and its now starting to move to decision phase, so Im only guessing that it will be with a couple months. the estimated completion date is July 2, 2018.

This is a tricky brain buster. I need all the help I can get, any recommendations are welcome! So this is a complex case. I am about to receive a decision for a TDIU claim that I filed 3/2018. I have alot of evidence, a good C&P exam for once, and a professional vocational evaluation, so I am thinking things are looking ok, but I know with the VA anything can happen, and ive seen it. I am currently 80% combined (70% PTSD, 10%back, 10% knee, 10%tinnitus, 0%tbi) effective date 3/2005. In 2008 I filled out a va form 21-8940, and filed for TDIU, (I was still 80%) combined. This is what happened: On November 8, 2007 my disability rating was a combined 80%(70%PTSD), I submitted a claim for increased evaluation based on individual unemployabilty. “At the general rating exam the examiner said, you are prevented from working a position which would require long peroids of sitting or any lifting of any significant weight estimated at more than 10 lbs; however you could be employed in a sedentary position. At the raiting for PTSD, the examiner said that you are unemployable due to your PTSD symptoms. “(C-FILE). My claim for increased evaluation based on induvial unemployabilty was denied. The VA proposed to reduce my PTSD disability from 70%-50% at the same time my claim for increased evaluation based on individual unemployabilty was made, this “proposal” was then used to make me “ineligible for making a TDIU claim”. “Based on your claim, we requested examination of your service connected disabilities for possible increased evaluation. Based on the results of the examinations, we have proposed to reduce three of your evaluations for a combined evaluation of 60 percent. Based on the results of the proposed reduction, you will not meet the criteria for entitlement to increased compensation based on unemployabilty in the absence of single disability evaluated 60 percent disabling, or a combined 70 percent disabling, with at least one disability evaluated 40 percent disabling. (C-FILE)” On May 9, 2008, after closer review the VA proposed to continue my PTSD rating of 70%, with the original effective date June 5, 2005. Since the VA was required to, but did not forward to the veteran a TDIU application form 21-8940, the one year filing period for such an application did not begin to run. Thus, as a matter of law, the inferred claim submitted prior to the date of the formal TDIU application must be accepted as the date of claim for effective purposes. [38 C.F.R §3.155 (a)] The VA will require that a veteran complete and submit a VA Form 21-8940 before it will formally pay a claim for TDIU benefits. However, a veteran is not required to file this application form before the VA is obligated to consider and adjudicate a TDIU claim. When a veteran files an original claim for evaluation of a disability or a claim for an increase in the evaluation of a disability that has already been rated by the VA, the claimant is generally presumed to be seeking the highest benefit allowable. [AB v. Brown, 6 Vet. App. 35, 38 (1983)] If either claim includes facts that indicate that the veteran is unemployable, the VA is obligated to consider and adjudicate a TDIU claim. [Collier v. Derwinski, 2 Vet App. 27=47, 251 (1992)] After looking over my old claims files I found that the VA screwed me in 2008. Since the VA never sent me a form 21-8940 after they proposed to leave my PTSD at 70%, and had knowledge from the C&P exam that I was unemployable, my claim for TDIU was never properly adjudicated. I believe this means that my effective date for PTSD/TDIU should go back to where the VA first learned I was unemployable due to PTSD. They never sent me a form 21-8940. EVER any suggestions/recommendations are WELCOME Thank you for your service!