wjack12412 Posted October 18, 2007 Share Posted October 18, 2007 Hello, I am new here and I have learned so much since finding this site that I keep it up all day. I have a question pertaining to my claim. I retired from Active Duty Sep 06 and received 70%, so I reopened my claim Jun 07 based on receiving SSDI as well as new medical claims for my migrains and depression and also applied for TDIU. If approved will my date be June 07 or will it be Sep 06 since it was refiled within a year of me retiring from Active duty. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted October 19, 2007 HadIt.com Elder Share Posted October 19, 2007 It should go back to the day after you were discharged. I was discharged in Dec 3,1971 and when I filed within one year my effective date for disability was Dec 4, 1971. Link to comment Share on other sites More sharing options...
Berta Posted October 19, 2007 Share Posted October 19, 2007 You- reopened? By that do you mean you filed a NOD? A claim filed within one year after discharge, that is continuously pursued (NOD etc) when it succeeds-should get the EED of the first day after disacharge from the military. Does VA know of the SSDI? Did they send you an authorization form so they can get those records? When they got your claim- 70% from the mil- why did they deny TDIU? Link to comment Share on other sites More sharing options...
wjack12412 Posted October 19, 2007 Author Share Posted October 19, 2007 You- reopened? By that do you mean you filed a NOD? A claim filed within one year after discharge, that is continuously pursued (NOD etc) when it succeeds-should get the EED of the first day after disacharge from the military. Does VA know of the SSDI? Did they send you an authorization form so they can get those records? When they got your claim- 70% from the mil- why did they deny TDIU? After receiving my 70%, I waited a few months while I received more medical evidence and asked for a reconsideration based on new medical evidence. I sent the VA my SSDI paperwork showing that I was approved, but never sent in my medical evidence. I was unsure how to request my paperwork from the SSA. When I requested my reconsideration I also requested TDIU since I have a cumalitive rating of 70% in case my SC was not 100%. I filed my reopened claim in Jun 07 and had my C&P in Sep 07. I also applied for Voc Rehab, but was told that I was not a good candidate right now due to medical reasons. Link to comment Share on other sites More sharing options...
Berta Posted October 19, 2007 Share Posted October 19, 2007 If Voc Rehab documented that your SC prevented you from being a good Voc Rehab candidate- that is evidence for TDIU award. If you filed the initial claim during first yeat after service, and they denied but you then filed for reconsideration than I believe your EED would have to be first day after discharge- You had one year in which to file a NOD also on that decision- a reconsideration request does not stop the one year NOD period- did you file a NOD yet? Link to comment Share on other sites More sharing options...
wjack12412 Posted October 19, 2007 Author Share Posted October 19, 2007 If Voc Rehab documented that your SC prevented you from being a good Voc Rehab candidate- that is evidence for TDIU award. If you filed the initial claim during first yeat after service, and they denied but you then filed for reconsideration than I believe your EED would have to be first day after discharge- You had one year in which to file a NOD also on that decision- a reconsideration request does not stop the one year NOD period- did you file a NOD yet? No, I never filed a NOD because I thought once I put in my reconsideration that I would not have to file a NOD. The VA Counselor told me that putting in an appeal would cause me to wait years vice using the reconsidertion which is 6 months, but after reading the board I see that people are losing their EED by using the reconsideration. My goal was to try to have everything in prior to my 1 year discharge date. I was told that my reconsideration was with the Rating Board, but after reading how they are trying to reduce people's P&T is causing me great distress. The doctor's consider me PTSD, but I have put in for depression since I have suffered from it for the past 19 years with almost daily panic attacks. I was rated at 10% for depression, but in all actuality if the VA used their standards I should be 50% and my migrains should have been at 50% but they instead gave me 10% even with my Commanding Officer writing a statement to the fact that I was sent home at least twice a week due to the pain. Link to comment Share on other sites More sharing options...
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