tdiu Entitlement To Tdiu September 8, 2008

[Josephine]

This paragraph constantly haunts me as to what this C&P examiner was

stating to the VA.

Entitlement to Individual Unemployability

Entitlement to individual unemployability is granted because the

claimant is unable to secure or follow a substantially gainful

occupation as a result of service- connected disabilities.

Social Security Administration income statements show that you have

not worked since 1983.

Your VA examination, conducted at the VAMC August 22, 2008, showed

that you have been unable to work due to your severe anxiety.

The examiner noted that you would not be employable due to your panic attacks, anxiety,

and inneraction with customers and coworkers in a working

environment.

Based upon the opinion of the examiner, entitlement to individual

unemployability is granted effective April 12, 2005 to August 20,

2008, the date of you increase to 100 percent.

Now, my question is - Did the VA Examiner state I became unemployable

in 2005 or in 1983?

Remember the BVA Judge granted me service connected for chronic

anxiety back to 1992.

For 1992- 1997 I was granted 10%

1997 - 2005 grant of 50%

2005 - 2008 Umemployability

2008 100% P&T.

Thanks,

Betty

[jbasser]

Betty, 4/12/05 is the date you became unemployable according to the letter.

J

[Wings]

x

x

x

These questions come to mind:

1. What is your VA, Original Claim Date for Mental Disorders?

2. What are the medical condition(s) granted for totally disabled by the Social Security Admin.?

3. What date or examination did the VA consider your SSA evidence for VA claims purposes? Did SSA grant your award for the same medical conditions as the VA?

What I hear the VA saying ... is that although SSA found you totally disabled in 1983, the VA did not find you disabled by service-conncted medical conditions until a much later date. You may be receiving SSA for totally different medical conditions? ~Wings

[Josephine]

x

x

x

These questions come to mind:

1. What is your VA, Original Claim Date for Mental Disorders?

I say 1978, the BVA Judge states 1992.

2. What are the medical condition(s) granted for totally disabled by the Social Security Admin.?

Cannot not file for Social Security as I do not have enough credits or points.

3. What date or examination did the VA consider your SSA evidence for VA claims purposes? Did SSA grant your award for the same medical conditions as the VA?

I do know the VA granted me a Non- service Connected Pension dated 2003 and stating we find you unemployable back to 1983 the last day you worked.

What I hear the VA saying ... is that although SSA found you totally disabled in 1983, the VA did not find you disabled by service-conncted medical conditions until a much later date. You may be receiving SSA for totally different medical conditions? ~Wings

Impossible, I have never filed for SSA, only VA.

Thanks Betty

[Philip Rogers]

VA has established that you became TDIU on 4/12/05. Note the VA stated that you "have not worked" since 1983, not that you were disabled. If you've been disabled by SSDI, since 1983, for the same SC condition(s), that the Judge stated you were disabled from, I would appeal the VA's 10% award and request the 1992 date. If I recall, correctly, you have evidence that you were disabled back to 1983. If that's the case you could appeal the BVA judges effective date and request an earlier date. If you have SSDI evidence for the same condition back to 1992 you can appeal the stepped rating they awarded you, also. jmo

pr

[Josephine]

VA has established that you became TDIU on 4/12/05. Note the VA stated that you "have not worked" since 1983, not that you were disabled. If you've been disabled by SSDI, since 1983, for the same SC condition(s), that the Judge stated you were disabled from, I would appeal the VA's 10% award and request the 1992 date. If I recall, correctly, you have evidence that you were disabled back to 1983. If that's the case you could appeal the BVA judges effective date and request an earlier date. If you have SSDI evidence for the same condition back to 1992 you can appeal the stepped rating they awarded you, also. jmo

Phillip,

Thanks so much for posting. I have never filed for Social Security

Benefits, as I do not have enough credits.

I wasn't sure if I wanted to get into this one, but may give it a

shot.

I am trying to figure out how the VA picked out their date to give me

the 70% and later the TDIU.

Yes, I did go for the TDIU examination and have posted those few

lines from the examiner.

As I told Wings I do have the Non- Service Connected Pension

stating we find you unemployable since 1983.

This Pension has a 2003 date.

Thanks,

Betty

Edited December 27, 2008 by Josephine

[john999]

Betty

Will your lawyer fight this for an EED? If the NSC pension was for the same things as the SC TDIU is for I don't understand how they gave you a 2005 date for TDIU. Well, I do understand because they don't want to pay you for all that retro unless they have to do it.