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]

x

x

x

1. You filed an "Original Claim" for disability benefits, what date?

Wings, I know it was 1978 as stated by the board of two psychiatrist at the C&P 2005. I do not have a copy of the 1978 filing date, but also do not have a copy of the so called 1992.

What medical conditions were at issue? Chronic Anxiety.

That original VA Claim remains "Pending" if it was never decided.

The BVA Judge decided the first filing date was 1992 and awarded me benefits to that date. 2.

You were awarded a VA Pension for Anxiety and Depression, what date?

The date is 2003 and states we find you Totally disabled back to your last working date by Social Security of 1983.

Were there other/additional medical conditions that were evaluated for that Pension?

Well Wings, yes there was such as Diabetes which I did not develop until 2002. Inner Ear Balance Problem developed 1995.

A Hysterectomy I had in 1978. How I received benefits for that one, don't know.

None of these illness existed at the time of my last employment. The Call number stated I was awarded 100% and Plus for the NSC.

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.

The BVA Judge went to my first filing date to award service connection, which the AMC stated was 1992.

I would like to know where the board of two psychiatist received their information for the 1978 for this is the correct one.

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.

[Philip Rogers]

I'll let wings take the point on this one, as she's pointing you in the right direction.

pr

[Wings]

Betty, You filed an "Original Claim" for disability benefits, what date? I know it was 1978 as stated by the board of two psychiatrist at the C&P 2005. I do not have a copy of the 1978 filing date, and do not have a copy of the so called 1992.

Betty, You do not need a "filing date"; what you need is a copy (from your C-file) of your 1978 Original Claim, and a copy of your 1992 Claim. An Original Claim is a first claim, and any other claim filed after that date is considered a claim for increase.

What medical conditions were at issue? Chronic Anxiety.

That original VA Claim remains "Pending" if it was never decided. The BVA Judge decided the first filing date was 1992 and awarded me benefits to that date.

Betty, The BVA Judge can not just arbitrarily pull a claim date out of his arse; he must have objective evidence of a Formal or Informal Claim from the veteran, submitted for VA Benefits.

You were awarded a VA Pension for Anxiety and Depression, what date? The date is 2003, and states, we find you Totally disabled back to your last working date by Social Security of 1983.

Betty, The VA can only back-date a Pension or Compensation Claim to the date the veteran filed the VA Claim, not the date that Social Security records show that you stopped working.

Were there other/additional medical conditions that were evaluated for that Pension? Yes there was such as Diabetes which I did not develop until 2002.

Betty, It does "appear" your Diabetes (and other disabilities) were considered when assigning Total Disability for VA Pension purposes. Notice I said Pension and not Compensation. Do you have a copy of the VA Decision granting your VA Pension?

Inner Ear Balance Problem developed 1995. A Hysterectomy I had in 1978. How I received benefits for that one, don't know. None of these illness existed at the

time of my last employment. The Call number stated I was awarded 100% and Plus for the NSC.

Betty, The "call number" telephone conversation means nothing to me, I can only read a hard copy.

The argument can be asserted that "A claim for VA Compensation is a claim for VA Pension", and visa vera, according to reg's. Anybody know the regulation on this legal argument?

At first blush, it appears that VA decided that your symptomolgy with medical evidence met the criteria for service-connection 1992. The BVA Judge went to my first filing Claim date to award service connection, which the AMC stated was 1992. I would like to know where the board of two psychiatist received their information for the 1978, for this is the correct one claim date.

Betty, if you can obtain that evidence, then your in a great position to argue CUE, otherwise, your claim sounds like my claim at the BVA, with the evidence showing the later claim date.

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 viewedin relation to its history.

[Josephine]

Wings,

If the VA tossed the 1978 filing date then it may have been tossed.

I do not understand this stadging.

By 1992, I had undergone 28 years of psychiatric treatment with God knows how many medications. The VA only service connected me when I located my service psychiatric records for them in 2004.

If you add 12 years more treatment before I received my first C&P.

I think I deserved a higher rating than 10%.

Had the VA gave me this 10% upon discharge then I may agree with it.

Thanks,

Betty

[hurryupnwait]

As I recall your claim, didn't the BVA judge grant your claim back to 1992 because that is the date that you found your Service Records that were mysteriously missing from the file previously.

[Josephine]

Paul,

Here you go.

http://www.va.gov/vetapp08/files1/0807447.txt

Now that I have read everyone's comments.

I read yours also.

No way in the world I am going back in again.

The Medical examination I could handle, but no way.

Always,

Betty