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Needing Advice For Nod Iu

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cowgirl

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  • HadIt.com Elder

Got a claim submitted for Iu that was put in when my overall rating was 60%, having only the one 30% issue. Result, they gave me a c&p, only to find found a sc issue needed rated to 60%. Iu was denied based on c&P results, said sedentary work possible.Overall went from 60% to 90%.The ssa granted me SSDI for the 60% issue.

Now a Va clerk has guided me to clarify and specify in a new letter specifically what issue the IU claim is in for. Do I want to have the IU claim focus on the earlier 30% or the newer 60% item that is validated by ssa? The conditions are day&night different. Will check with my VSO to see their take on the advice.

Hope not to confuse,

Comments?

I do not have any paperwork back on the NOD as of yet, sounds like its on the way soon.

Cg'up2009!

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Cowgirl,

I agree with Betty (HI!! Betty!!!) - no sense in beating yourself up over not being able to hold down a job if you have a disability (though it is an easy guilt trip to take - I've been there several times myself).

As far as getting IU back 10 years - if you have preserved your EED by continuing to appeal the original Decision then yes, I can see where you could get IU back 10 years based on an inferred IU claim even if you didn't ask for it outright if there is evidence that speaks to your not being able to work due to your sc disability. If you are working a claim that was decided over a year ago then I think the only way to get 10 years of IU retro would be if there was a CUE back then (which means you had to have filed 10 years ago - I'm not sure when you filed your claim and what all has happened since then). However, having said that, somebody like Berta will have to chime in here because your question on EED and retro is out of my depth and I'm not familiar with your claims history.

I wouldn't worry so much whether someone has done it or not before but whether or not the regs will support it. Betty has shown us all that with the tenacity of a bull dog you can successfully take on the VA if you just keep working your claim and expecting them to follow the regs and case law. She's my inspiration - in the middle of her own claim she continued to support and encourage me in mine. That's why I show up on the board when I'm able. To try to pass it on like others did for me.

Hang in there and keep us posted,

TS

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  • HadIt.com Elder

If the original decision was flawed and you had filed it within the 1 year period to discharge then there is a chance they can go back.

As far as the IU goes, you did have some odd jobs. The VA most likely will not approve an IU retro that far back.

Do me a favor and shoot me a claim time line.

Discharge date:

Claim filed ?

Claim denied/ granted ?

I will look it up for you.

John

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Time line? Look it up for me? Ok, Try this, IU claim put in late 2007, denied summer 2008 with increase to a 0% sc issue. same exact medical data under same exact rating as in 1994 so they raise it to 60%. Uh oh, a serious health condition, got help fast. Started VA critical medication treatment asap. No nice words from me regards lack of compensation and personal health care risk for so many years.grrrrr.

So the IU was denied summer 08. One month later, Nod/dro in for IU and 30% mdd increase (mh meds by this time) supports mh criteria of 60%..

If I get it right, when I recieve the IU response back in a few weeks, I need to regurgitate (pardon moi') and validate the IU is actually supported by VA chronic sc issues 60% and 30%, etc. (Ssdi awarded on both sc issues as primary and secondary conditions.)

Tried VA vocational rehab, couldn't finish startup much; counselor dismissive in notes, later found I was stressed with good reason.

I did some odd jobs with this unkown serious health condition, needed current ssa quarters for ssdi, exhausting work and pay under poverty line

From what I read, I feel orginal sc at 60% and all met/meets/exceeds criteria for IU. Course, those odd jobs will kink it up.

.

Thanks Jbasser,

Cg'up2009!

Were you release from any of the odd jobs due to your inability to perform your duties due to your disabilities? If not VA may decide you gamed the system (not me just think with my VA hat on). Ricky

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  • HadIt.com Elder

Cg, in 94 the VA rated you at zero percent then in 08 raised you to 60 using the same rating criteria used on 1994?

If the rating criteria had not changed you may have a great cue claim. The CUE being that the VA failed to correctly apply the schedule for rating disabilities to your claim as evidence in the 60 percent award in 2008 based on the exact same criteria that warranted a 0 percent rating in 1994.

This did cost you a lot of money.

Now with the 60 percent you meet the requirements for IU and if you win a cue claim you meet it 1994.

I see what your getting at now the Cue is actually the big one here.

J

Edited by jbasser
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  • HadIt.com Elder
Thanks, Betty, hope it didnt sound like a pitty-party! Just ranting my self. One day I'll post it to my blog, but I've started at the beginning, opposite of what the va does!

Back to the paperwork!

((\o//))'s! to you,

Cg'up2009!

Cg,

You are such a Joy! I love your para-phrases, is that what you call what you do?

Betty

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  • HadIt.com Elder
Cowgirl,

I agree with Betty (HI!! Betty!!!) - no sense in beating yourself up over not being able to hold down a job if you have a disability (though it is an easy guilt trip to take - I've been there several times myself).

As far as getting IU back 10 years - if you have preserved your EED by continuing to appeal the original Decision then yes, I can see where you could get IU back 10 years based on an inferred IU claim even if you didn't ask for it outright if there is evidence that speaks to your not being able to work due to your sc disability. If you are working a claim that was decided over a year ago then I think the only way to get 10 years of IU retro would be if there was a CUE back then (which means you had to have filed 10 years ago - I'm not sure when you filed your claim and what all has happened since then). However, having said that, somebody like Berta will have to chime in here because your question on EED and retro is out of my depth and I'm not familiar with your claims history.

I wouldn't worry so much whether someone has done it or not before but whether or not the regs will support it. Betty has shown us all that with the tenacity of a bull dog you can successfully take on the VA if you just keep working your claim and expecting them to follow the regs and case law. She's my inspiration - in the middle of her own claim she continued to support and encourage me in mine. That's why I show up on the board when I'm able. To try to pass it on like others did for me.

Hang in there and keep us posted,

TS

Hi C.G and Ts,

How nice of you to speak so kindly of me. I am always here. Boy the VA did bring out the Pit Bull in me.

They taught me to open my mouth and not shut it up.

The members told me what to do and I did it.

I may one day, if I live long enough, write a book on how we all won a claim that was never to be won,

40 years after my discharge. The sneaky VA knew all alone they would owe me all that retro if I proved my claim.

Anyways, C.G and TS , thanks for being there for me.

Always,

Betty

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