tdiu Effective Date Of Disability?

[nukenight]

I have finally managed to get the VA in Seattle to acknowledge that I am 100% disabled, but it was a VERY LONG and involved process. Question I have is that I filed a claim for an increase in my hearing disability back in August 2004, which was denied a year later. I appealed, and was scheduled for a new audiological exam in May 2006, but the contract audiologist was ill. She (can her office) notified both the local VARO and QTC of the problem, but I was not told until I arrived at her office. I promptly contacted both VARO and QTC and asked for a rescheduled exam, providing them the details. It took almost 6 months of work to convince both that I actually was there and the doctor wasn't (they originally listed me as a no-show). I got the new exam in May of 2007, and it was totally consistent with another exam I paid for (IMO). VA dragged their feet on this, after granting me 100% via unemployability on my other problems, and in June finally decided that the level should be raised from 10% to 80% (plus 10% for tinnitus). However, they are claiming that it should only go back to October 2007, for some totally unknown reason.

I have requested an appeal of this decision, and am still waiting for a response, other that the standard letter that they have gotten something from me.

Can anyone provide me with some rationale for why they are starting this from just last year, rather than back in 2004, when it was started? I should be getting some retroactive money, but seems like the local VARO is doing their usual dance of 'what are you complaining about, we finally got it right?" This would have put me at 100% from back in 2004, not later, and I can't understand how they have moved the dates. Your assistance is greatly appreciated.

[nukenight]

Yes. However, seems the VARO in Seattle has managed to lump things together and separate issues submitted at the same time, at their leisure, rather than following my responses. They gave me a long standing claim for increased compensation for anxiety attacks/depression last September, and seemed to think that since that was at 100% with TDUI, they could (?) cancel all the other issues that were outstanding, such as the hearing problems, and several other service related conditions. In response to that determination, I SPECIFICALLY accepted the award, while maintaining that that did not resolve (or effect) several other claims, mainly the hearing issue.

Of course, the other thing which has me scratching my head is that my hearing disability has gone from 0% when I filed back in 1990 (and had to start using hearing aids shortly after that) to finally getting 10% back in 1999 (along with 10% for tinnitus), and then claiming it hadn't increased in 2004, then going to 80% in 2008 (absent any traumatic or medically connected reasons for a dramatic increase in my hearing inability).

Pardon the rant, but I get the strong feeling that the local VARO doesn't appreciate me not taking their answers as final, and seem to chafe under the continued calls, congressional contacts about my situation, requests for records, and submittal of IMO information that eventually exposes the VARO's "New Clothes". Like I mention last night, this has even gotten down to the local clinic that is treating me, and I have appeared for simple appointments and had to wait extended periods of time; been left in treatment rooms for almost a hour, waiting for something trivial; and having the local Mental Health specialist lie to my attending Psychiatrist about desire to take Lithium therapy, etc. I've gotten to the point that I feel like going there is not a treatment session, but a session where I get to be their Pin'ata. Even several members of the nursing staff have started treating me like I was some sort of leper.

Anyway, I'm appealing, keep calling every month or so to find out what the latest story about my requests are (and Boy, are they usually hilarious!), and contacting the congressional staff to keep the pot boiling with them. Any assistance would be greatly appreciated.

[Berta]

"Of course, the other thing which has me scratching my head is that my hearing disability has gone from 0% when I filed back in 1990 (and had to start using hearing aids shortly after that) to finally getting 10% back in 1999 (along with 10% for tinnitus), and then claiming it hadn't increased in 2004, then going to 80% in 2008 (absent any traumatic or medically connected reasons for a dramatic increase in my hearing inability"

Did the VA know you needed hearing aids? in 1990?

Have these claims been continuously open issues?

It appears that the VARO does owe you retro-beyond what you got-

which is probably the case for hundreds if not thousands of veterans-best thing you can do is fully appeal the retro date with any evidence you have that they are wrong.

[aquadron14]

I also have an Appeal for Earlier Effcetive Date.I was told that is at The rating Board what can Expected any Ideas.Is there since oct 3.

[Berta]

You can expect the claim to take quite some time.

Is this an AO disability claim?

If so the VA must follow the Nehmer Court order and Stipulation- all found under the NVLSP web site - Nehmer Retroactive Benefits.

Claims for more favorable EEDs require proof of medical evidence of higher rating in evidence that supports the better EED date.

In a case where a vet gets an SSA award which precedes,by at least a year- a VA SC 100% award for the same exact condition-the vet can often get one additional year retro.

I always use my husband's claim as bonafide example of this-

He was 30% PTSD SC from VA.

SSA awarded solely for PTSD one year prior to his filing a claim at VA for higher SC rating.

VA awarded 100% P & T and used the SSA date as his EED which was one year prior to his filing a formal claim for higher PTSD rating.

this was the "date that entitlement arose" as per the retro regs.

They (VA) stalled this claim by saying SSA would not release their records- it was a lie-

they never asked for them until I raised Hell.

Rod's medical records-which SSA based their Decision on were solely VA medical Records.

SSA awarded Rod in four months for PTSD. It took the VA Buffalo 6 years to award 100% for PTSD.

Good example of how arbitrary,capicious, and downright incompetent the VA is.

Edited October 22, 2008 by Berta

[aquadron14]

Hello Everyone I'm new here.

I have an Appeal for Earlier Effective Date.I started a claim for Service connected on feb,97.It was denied on may,97.I submit an nod and recived a soc.So i keep fighting the system after all those years on 2006 The board of veterans Appeals awarded me service connected.On june 06 the regional office gave me a 50% rating.I disagree and submit an nod.on may 07,They send me to a c&p on june that year 07,they awarded me 100%.But no back pay just ine month beacause they said that I was 100% from the moment of the c&p yeah right.So I submit an nod beacause I believe I should be pay back to 97.on march 08 this year they send me a soc,on april I submit va from 9.I was told that since oct,3 my appeal is at the rating board.Any ideas.

thanks

[Berta]

If your medical evidence completely warranted 100% right from the gitgo- and you kept appealing this -as it appears that you sure did- they would owe you back to the date of claim for the 100%

"they said that I was 100% from the moment of the c&p yeah right"

what a bunch of crap-

or maybe a good thing- hey-vets if you get a C & P,regardless of your rating- you can claim they owe you 100% due to the C & P-itself.

I sure hope that you fought the utter lack of logic in that date in your I-9.

Since it went to a rating board that might be a very good sign-

Often the ROs dont even read the I-9s in my opinion-

years ago they did and made many better decisions after they read the appeal.