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

[Philip Rogers]

Betty - a couple of things. You should file for SSDI, using your 1983 disability date. You probably had enough credits, then, and you should be sure they give you credit for your military service. Also, if the VA gave you pension, for the same thing they are now SCing for, you should appeal your decision. They may have awarded the pension w/a 2003 date, because maybe that's when you applied, but they accepted the 1983 disability date. The SSDI claim will need to go to an ALJ but you should win, with the evidence I've seen. That doesn't mean the ALJ will go back to 1983 but might. I see the 2005 award date as just a random date picked to coinside w/the BVA judge's decision or something near it. jmo

pr

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 Philip Rogers

[MRRRR5]

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.

I agree with this statement that the VA don't want to pay all that retro.

It appears that you have all the medical evidence & the VA do too, however, they (VA) may believe that since they already paid you a 6 figure retro, YOU might not be wise to see that they still owe you; go for it with your lawyer is my opinion.

[Josephine]

MRRRR5,

Thanks so much. I am trying to figure out exactly where I stand

before I go back in.

I have had a lawyer willing to go after them since the first BVA

grant.

Just haven't allowed him to go after them yet.

Thanks, I did post the first page of the 2005 examination to see

if it is legal.

Betty

[Josephine]

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.

John999,

I have a lawyer who has been trying to get his hands on my case since the BVA made their decision. I sent him a copy of the ruling. He knew exactly what they were going to do.

If you can read the first page of that April 12, 2005 C&P and tell

me if it is a legal document. Where the 1992 filing date came from (somewhere in the transfer of my claim from one R.O to another. )I have been shuffled around quite a bit. The two Psychiatrist also make reference of the NSC Pension.

Thanks,

Betty

[Philip Rogers]

Betty, have you been receiving Pension since 1983?? Or have you won retro pension payment to 1983?? Or did they just award pension in 2003 but establish the 1983 date with no pay?? Is it for the same condition??

pr

[spike]

Effective date is 2005 (date you requested for IU)

Aug 2008 is date you became 100P&T

There is a difference between TDIU and PT.

Now your P&T

I/U is Individual Unemployability. Your confusing the two...it's common to do so.

SSD is different than SSI

SSD is Social Security Disability (when you become Disabled or Retired)

SSI is Social Security Insurance (Welfare) diffference between the two.