Retro Date Issue

[mountain tyme]

Hello

I have a question regarding retro date of a claim based on a reconsideration of a rating decision. If the reconsideration was filed within one month of the VA decision and the reconsideration was for a higher percentage and the VA outcome was favorable for a higher % would the VA go back to the original claim date or would they only go back to the date the reconsideration was filed for retro pay?

Thank You in advance

mountain tyme

[mountain tyme]

Berta...

I have a question...when I received my decision back in Jan 07 I was rated 50% I put in a reconsideration in Feb 07 asking for a higher evaluation based on some mistakes that were made in the C/P...at that time I also filed for Unemployability since I had not been able to work since 2000....The original claim for my S/C disability was filed in March of 2005 in my intial letter I stated I could no longer work.

So when I received my decision last week the VA is putting my retro date for P/T for May 07...I think that there is a mistake...I would have thought (my opioion only) that they would have made my retro date back to March of 05 until FEb 07 for the 70% rating (received 70% at 100% unemployabitly P/T) and then since I sent in the paperwork for TDUI (which was denied in March of 07) in Feb. 07 that they would make the 100% retro back to Feb o7 when I put the paperwork in.

I don't know weather I should NOD for the EED date or not...

am I wrong in my thinking

thanks in advance

MT

[Berta]

"The original claim for my S/C disability was filed in March of 2005 in my intial letter I stated I could no longer work"

Did the VCAA letter ask you for evidence of that statement and did you specifically say that due to your SC disability you could not work?

"at that time I also filed for Unemployability " I believe you meant"when I received my decision back in Jan 07 I was rated 50% I put in a reconsideration in Feb 07"

I assume that formal TDIU application (the TDIU form) was received by VARO in Feb 2007 and thus they gave you the March 07 date. I think it should be February however 2007 ---

Still hard to say-

You can NOD that EED with any evidence at all that shows you were 100% or TDIU prior to that date.

This is why I am beginning to think vets should send in a TDIU form attached to their initial VA claim- why not-if they are unemployed-

even if the VA denies TDIU but awards a low % they can still appeal the TDIU claim.

If a vet waits for the VA to send ith 21-7840- then the EED usually becomes the date the VA received the retunred filled out TDIU claim form anyhow- so why not send it in early on in the game-

This way too, in a VCAA letter the VA would have to state the exact evidence needed for the TDIU award and the vet might have what they need at that point-or be able to get this right away-or if denied and continuously appealed ---the TDIU date- by medical evidence could be further back that the date the VA receives the form when they send it themselves to the veteran.

Many vets have successfully challenged a TDIU EED.

It all depends on the medical evidence showing TDIU earlier than the retro date VA gave them.

[mountain tyme]

Berta...answer to your questions...

Question..."Did the VCAA letter ask you for evidence of that statement and did you specifically say that due to your SC disability you could not work?"

Ans.) No the VCAA letter never asked for evidence.

I simply stated that I have not worked since 2000 this statement was made in my stressor letter.

Question.. "at that time I also filed for Unemployability " I believe you meant"when I received my decision back in Jan 07 I was rated 50% I put in a reconsideration in Feb 07"

I assume that formal TDIU application (the TDIU form) was received by VARO in Feb 2007 and thus they gave you the March 07 date. I think it should be February however 2007 ---

Ans.) Yes, I received my decision back in Jan 07. And Filed for both a reconsideration for a higher evlaulation and also sent in a formal TDIU application form.

Question..."You can NOD that EED with any evidence at all that shows you were 100% or TDIU prior to that date"

Ans: The C/P VA examiner knew I was on SSD it was on my evaluation from my private doctor which stated that I had been granted SSD in 2001 and she had his evaluation and read it. I did send in a copy of my SSD (in Feb 07) which was based on ashma, urticaria, depression, and aniexty (part of my S/C).

a few weeks later I received a letter from the VA denying me TDIU because the VA stated that my SSD even though was based on part for aniexty and depression it was also based on a physical condition as well.

What surprised me was I thought the VA would have gone back to the either the original claim date or at least when I filed the formal TDIU form.

I am not sure what happened perhaps an oversight...the VA raters are pretty swamped with all the claims they are receiving that sometimes little things will just be missed. Hopefully this is just an oversight.

I guess all I can do is file an NOD and ask them to explain the EED date.

God Speed

MT

Edited August 29, 2007 by mountain tyme