tdiu Reconsideration

[Guest jangrin]

I want to ask for a reconsideration on my husbands TDIU award. If I don't have "new" evidence to send in with a reconsideration request, am I stuck with filing an NOD?

The TDIU was awarded for the date the "TDIU" request was recieved. It should have been warded for the date the disabilty was awarded by SSA or at least the date of the original claim that met the TDIU criteria. I think they owe about 6 months of retro.

PS. Still waiting on COPIES of RECORDS now 8 plus weeks.

Jangrin

Edited June 24, 2007 by jangrin

[Brandy]

Remember, effective dates state: The date entitlement arose or the date of claim whichever is later. In Chuckles case it should be the date awarded SSD benefits.

Jangrin, file a NOD as to the fact that the benefit arose on the date SSD was awarded and attach a copy. They most likely will change the award as they review the claim.

John

John,

In my husband's claim we actually stated that we felt that he should get a retro payment dating back to when he was initially given SSDI, which was 1997. We did not put in a claim to the VA until Dec.2005. They did not award him any retro. However, I do believe the local VA that he has been going to since he got out of the service was aware that he was on disability and not working. They awarded my husband 100% P&T scheduler. They did not grant the TDIU and said the point was "moot" since he was granted 100%.

Do you think he could win this retro if we file a NOD?

Jangrin,

Just wanted to say hello. It's been a while since we have talked. I think with all of your husband's medical issues, he should have been given the 100% also.

Thanks,

Brandy

[JSM754]

I have been granted my Motion for Reconsideration of the BVA's denial for an Earlier Effective Date, in excess of 20% for My Cervical Spine Condition prior to 10 March 1998. Personaly I am stunned beyond belief. Here's why:

1. I filed for an increased evaluation rating, as it pertained to my Cervical Spine Condition, which had an initial rating of 40%.

2. The issue went into Appeal Status as of 12/6/94, and was given a 1995 Docket Number.

3. While a BVA Review, the NYRO granted a Combined Rating of 50%. The Cervical Spine Condition has now been rated at 20%, with 2 additional Conditions making the total of 50%. At the time of the Rating Decision, my Issue was in Appeal Status pending a BVA Review.

4. I disagreed with he Rating Decision, as it pertained to My Cervical Spine Condition and only that Condition, and in a timely manner.

To make my long story short the Issue of My Cervical Spine Condition remained in an open Appeal Status and unresolved for close to 13 Years, due an error on the part of the NYRO. It wasn't until I had been granted "P&T " IU, their mistake was found.

My question is, now that the Reconsideration Panel has granted my Motion (Correction of Obvious Error) should I present any further argument to the Expanded Recfon. Panel??

Can anyone Help me???

[Berta]

JSM see my reply to you today- re: Motion

Alex mentioned Roberson- here it is:

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

The VA cannot award for what they dont acknowledge or know about-

A claimant can often get a year retro prior to the date of their claim regarding TDIU and SSA but

if the VA does not have a formal claim, they have no obligation to consider much retro beyond the filing date of the claim.Unless the veteran can prove additional retro under SSA award consideration-

Jangrin stated "The TDIU was awarded for the date the "TDIU" request was recieved. It should have been warded for the date the disabilty was awarded by SSA or at least the date of the original claim that met the TDIU criteria. I think they owe about 6 months of retro."

I would think yes they owe retro to the date of the original claim -if filed 6 months before the TDIU request-and supported by the SSA deicision for same SC disability.6 months of retro.

I disagree with our beloved counselor- Alex- who I have known for 20 years-

I feel that in some cases a Reconsideration request is not a waste of time at all-

The RO immediately began working on my request for recon of a SMC accrued CUE-

I was able to maneuver filing an NOD the day after the attorney for vets regs went through last week- just in case.

Yesterday the RO conformed that they are still working on the CUE and that the NOD doesn't skirt the issue at all-

A Reconsideration request does not stop the NOD clock-

the NOD is one more shot if the recon request fails-

Here at the Buffalo VARO NODs are tagged and colorcoded by month- only when a year passes are most of them even read.

VA Education dept in Buffalo however turned their decisions on an NOD I filed for me (Chap 35) and one I prepared for my daughter including the regs for military service extentions.

In three weeks in both of these cases, the VA turned on my NODs and made the proper award.

Past experience with VARO got me to get them to turn on other NODs I filed- one for my husband took them 7-8 months for proper decisionbut my point is- they read them faster in those days-

just my opinion but if a vet has bonafide certified probative evidence to support a recon request they should go for it.

My reconsideration request has been at the VA for many months- but I feel that after 3 years of filing this specific claim- only a detailed and proper decision will be acceptable to me and they have to resolve the issue of the misdiagnosed DMII in order to resolve this issue under Nehmer-

They are working on it now as to resolving it under Sec 1151.

Vet files Sec 1151 claim-vet dies- I re-open and succeed.

Vet has 100% CAD and 100% CVA due to VA negligence ( the DMII rating is in process hopefully also 1151)

General Counsel Pres Ops have shown that a veteran with Section 1151 disabilties is eligible for SMC.

Vet is 100% SC PTSD and all above under Sec 1151.

VA states the veteran" under no circumstance was eligible for SMC."

VA will eat those words.

And then they have to consider Nehmer when the AO claim is properly decided.

I asked for a reconsideration on one denial of the CAD CUE that was absolutely bizarre and also the denial for the other CUE was not based on fact.

I proved that the reason for denial was erroneous.The single critical document VA said didnt exist was right in the c file.(and also at VA Office of General COunsel WAshington DC among other places)

Edited July 3, 2007 by Berta