tdiu Eed Retro Reconsideration Or Just Appeal Nod

[Guest jangrin]

What kind of new and material evidence would you need to ask for a reconsideration for an earlier effective date when they award 60% (one etiology) in FEB and then in AUG they award TDIU P&T. No change in DX and no addtional disability rating.

Shouldn't TDIU be retro back to the claim filing date, as it was awarded 60% rating disability that caused IU.

Is there a way to file reconsideration since this seems to be adminstrative rather than a medical evidence issue. Or does this have to be a NOD?

[Berta]

Jangrin-

You can just send them a letter with Request for Reconsideration Of Earliest Effective date on the Top

and identify the medical evidence in the claims file from Feb to August that warranted an EED due to TDIU-as of February.

A request for Reconsideration does not stop the year clock for the NOD-

so if they do not address this properly within the first year after the decision date-you would still have to file a formal NOD then.

If the medical evidence warrants TDIU as of Feb-they should pay TDIU as of Feb.

(BTW-was it you Jangrin who mentioned somewhere about the fact that college graduates -find at last minute sometimes they have more credits to fulfill?

I challenged a policy change at my school-what a lot of stress that involved-I was only student adversely affected by it-and apparently they did not give me a counselor because I am a civilian-

but I should have had one long ago.They seemed to consider my VA counselor as my student counselor-but it didnt go that way-

Finally-after fighting back on it-with supporting evidence etc- I succeeded and was grandfathered in to the prior policy-WHEW!

it took 3 weeks to square that away

but it seems to me that- when we learn how to fight back with VA-we learn how to fight back with anything else too---I sure have battle fatigue from this school rigamorale-but only need one more course now to graduate with honors-

I prepared my position just like it was a VA claim.

As miserable as the VA claims process can be-I believe it holds many key points that can help one in other ways too when they have to support something in another area of life-that doesn't seem fair to them)

Edited May 12, 2007 by Berta (see edit history)

[Guest jangrin]

Jangrin-

You can just send them a letter with Request for Reconsideration Of Earliest Effective date on the Top

and identify the medical evidence in the claims file from Feb to August that warranted an EED due to TDIU-as of February.

Berta,

thats the question, if you use the information that is currently in the claim file. Then it would NOT be new and material. Right?

So what would be new and material. They said that they awarded it as of the date of our claim. The claim for the 60% that caused TDIU was in FEB, the claim asking for TDIU was in AUG. What would be new now after the fact. A copy of the CFR regs?

[Berta]

OH---- they used date of the formal TDIU application-----I got that mixed up-

that is often normal SOP.

Is there any medical evidence they don't have (or didnt list as evidence or use in the narrative) that would support earlier TDIU date?

Often vets in this situation -if they have SSA award-can use that for an earlier Effective date-

All I can think of in your case is that they failed to consider evidence that might have warranted TDIU sooner and this is evidence that-if they have not used in the narrative you could submit again- and see how they consider it-

[Guest jangrin]

OH---- they used date of the formal TDIU application-----I got that mixed up-

that is often normal SOP.

Is there any medical evidence they don't have (or didnt list as evidence or use in the narrative) that would support earlier TDIU date?

Berta,

The award states the following:

Entitlement to individual Unemployability

We have granted you entitlement to individual unemployability because the evidence shows that you are unable to secure or follow a substantially gainful occupation as a result of your service connected disabilities of diabetis mellitus, peripheral neuropathy, and coronary artery disease. The effective date of this grant is XXXXXXX, the date of your claim.

Edited May 12, 2007 by jangrin (see edit history)

[Berta]

Jangrin- when they awarded the 60%- did they say they did not consider TDIU and then give a reason ?

If so -that is the reason to combat the EED with-

This is a glitch for vets-

Only a 70% rating will trigger the VA to consider TDIU and send the form.

This is why I tell vets -if their SC has made them unemployable-regardless of their %-to send the TDIU form in Yesterday! Dont wait for the VA to ever send it-

What I mean is- if they succeed, the TDIU usually is awarded back to the receipt of the TDIU form.

Never listen to a rep who says you have to be 70% for the VA to consider TDIU-

They (VA) will consider TDIU upon receipt of the 21-8940 form from the veteran.

They will only send the form if they see 70% and potential for TDIU.

There is nothing preventing a vet from sending in the form themselves.

My own reps were shocked that I send out so many 21-8940 forms to vets-

I also attach them to many NODs I prepare too-

They couldnt even find a TDIU form one day when I was at their office.

My floppy with the TDIU form is in my PC every AM in case someone needs it here.

[Pete53]

The SSD award is a key factor for getting an earlier date. Not the date of notification the stated date that disability started.

Good Luck