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

[Josephine]

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.


Spike,

Spike,

I am not confused.

I appreciate your post though.

You would have to read my BVA claim to see what is going on here.

I never requested TDIU in 2005. I am asking how did the VA pick out

this date.

The BVA Judge awarded me service connection back to 1992. This would

have been in 2008.

I don't agree with the decision of

10% for 1992 - 1997

1998- 2004 - 50%

2005 - 2008 TDIU

2008 100% P&T.

I also know what SSI is and SSD.

I never filed for either one. Too rich for SSI and not enough credits

for SSD.

Thanks,

Betty

[spike]

Sorry for that. I'd have to look at your file...find out of there is an effective date issue, clear unmistakable error or a authorization error on the date. There might be also something else in your file that triggered that date. But I am not sure that question then can be answered here without looking at your file...they would all be guesses without information to review.

[Josephine]

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

Phillip,

The VA just date stamped it 2003 and worded back to 1983 and conditon the same. All I have ever gotten out of the toll free number is the NSC is for 100% and more. What ever that means.

Thanks,

Betty

[Rockhound]

The BVA Judge awarded me service connection back to 1992. This would

have been in 2008.

I don't agree with the decision of

10% for 1992 - 1997

1998- 2004 - 50%

2005 - 2008 TDIU

2008 100% P&T.

I would not waste my time trying to figure out how the VA came up with your EED and/or stepped rating, I would concentrate on what EED you can prove and what percentage of disability at the time of the EED you can prove and appeal on those grounds.

If you feel strongly that the VA has made an error in their rating, then all you need to do is figure out what you can prove as I stated above and appeal their ruling. You'll go crazy trying to figure out how they came up with their ruling and or dates. We all know the VA is not going to give you anymore than they have to and making stepped ratings is their way of not paying you your full intitlement. They are just hoping you will take what they give you and go away.

Rockhound Rider

[john999]

Betty

Set your lawyer loose on this and don't worry about it. He should have a copy of your c-file. They won't reduce you, but will probably be forced to give you an EED. The percentage rating sequence you got makes no sense. If you were disabled in 1983 to the extent you could not work then the 10% rating, and the graduation to P&T over all those years does not make sense since your condition in 1983 is the same as 2008. Nothing changed except you found records to prove service connection that they should have had at the VA. They paid you a big retro, but they owe you twice as much. If I get my retro back to 1971 you will hear about it. Since you have SC back to 1992 your SC cannot be severed.

[Wings]

x

x

x

1. You filed an "Original Claim" for disability benefits, what date? What medical conditions were at issue? That original VA Claim remains "Pending" if it was never decided.

2. You were awarded a VA Pension for Anxiety and Depression, what date? Were there other/additional medical conditions that were evaluated for that Pension? The argument can be asserted that "A claim for VA Compensation is a claim for VA Pension", and visa vera, according to reg's.

3. At first blush, it appears that VA decided that your symptomolgy with medical evidence met the criteria for service-connection 1992.

More on "staged ratings" :

38 C.F.R. Sec. 4.1 (1999) in pertinent part provides:

Over a period of many years, a veteran's disability claim may require reratings in accordance with

changes in laws, medical knowledge and his or her physical or mental condition. It is thus

essential, both in the examination and in the evaluation of disability, that each disability be viewed

in relation to its history.