Berta Posted July 11, 2009 Share Posted July 11, 2009 WOW-this is great-I am surprised they didnt mention TDIU yet? or even defer TDIU? They should have sent you the TDIU form or better yet-you could send it to them-(I think you did?) So maybe they have it and this is what they are still working on? Is the SSA date more favorable to you then the date you filed this claim? If the SSA is solely for the SC they should use that SSA date or at least one year prior to your claim date for the EED if your SSA award preceded the claim date by one year. (gee I think sometimes I say as much double talk as VA does) Personal example- my husband got SSA for PTSD EED 1991.He filed for TDIU in 1992. VA awarded him 100% P & T SC PTSD 1997 (3 years after he died) with EED of Nov 1991-the SSA award retro date of disability. Had he lived VA would have paid him 3 years retro to the SSA date even though his TDIU was filed a year later. They only owed one year accrued at that time for widows when he died but they took so long to award my claim (as I had to re-open and prove his PTSD claim)that the one year regs changed to 2 years for accrued-back to 1992.which they paid. With my new Nehmer decision award -Nehmer says ALL accrued must be paid to the class action survivor. Even though his death was found due to AO and not PTSD-I want the one additional year accrued that they owe him. The odd thing is my case is so unusual that I have no other claim to study to support my position as to accrued under Nehmer for non- AO accrued PTSD award. It seems that as perfect as the Nehmer Court Order was they did not specify that the accrued regs had to directly involve the AO disability. The Court Order just says ALL accrued must be paid to the survivor or survivor's estate. I am holding them to "ALL". They used the 19912 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
HadIt.com Elder tagandbag Posted July 11, 2009 Author HadIt.com Elder Share Posted July 11, 2009 Like wowee zowee, I don't know where to start. First of all I would like to thank all of hadit for the great information, inspiration and forum friendship. Especially to Carlie, Berta, Pete53, rentalguy1 and everyone else, to many to name all. Let me start by saying I would not be at 70% today if it was not for my attorney. He picked up on something that I didn't see in my SOC last month. I had iris'ed to see if the DRO had looked at the new evidence that we had sent in, meaning SSD award and they said they did. Well my attorney caught him in between a rock and a hard place. My attorney advised the DRO to look at the additional evidence, before it goes to the BVA. So, apparently the DRO did and sent me the SSOC. The attorney said that the regional dosen't want anything going to BVA, especially for not looking at the evidence. I would have never known that Regional had misplaced or not have put evidence in my c-file, if were not for the attorney. He is talking directly with the DRO and that is a plus. If I was handling this myself I doubt that I would be privy to the info he found, also being able to talk directly to the DRO. The DRO has my TDIU application and I hope they are reviewing it. I am not sure what is going on with that as of right now. I will talk to the attorney Monday. Thank you all and God Bless. t&b " In my many years I have come to a conclusion that one useless man is a shame, two is a law firm and three or more is a Congress" - John Adams Link to comment Share on other sites More sharing options...
yoggie2 Posted July 11, 2009 Share Posted July 11, 2009 I recieved a SSOC today and they raised me to 70%, I think based on SSD award. They are going back to that date for the additional 20%, not to when I filed my original claim. I didn't see anything about tdiu, except that they are stil reviewing medical evidence. Not sure waht that means. Anyways, yippee, yippee, kay, yay. t&b I am so GLAD you posted this and I am very happy for you! I do have a question I am in the same predicament. I to was awarded SSD back in NOV05 and here recently awarded SC on an appeal from a denial in JAN08, being my claim was filed in NOV06 and my SSD claim was awarded (SOLELY because of SC conditions) all the way back a year past the date of the original claim.. MY eed date would be NOV05 correct? GENERAL GEORGE S. PATTON, JR. "Do more than is required of you." Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted July 11, 2009 HadIt.com Elder Share Posted July 11, 2009 If the VA knows you are on SSD for a SC condition that should be an inferred claim for IU. The VBM says that even if a VA social worker has something in the record about a SC claim that might preclude employment that is an inferred claim for IU. The VBM mentioned a vet with a foot problem where his feet have a bad smell. The VBM says that is enough to be an inferred claim for IU since it would make employers not want to hire him. I think the actual regulations are much more in favor of the vet but the VA just ignores those parts and invents the rest to suit themselves. I think the VA has one overriding concern and that is to keep compensation costs low. This is their dirty business they will never admit to doing. Link to comment Share on other sites More sharing options...
yoggie2 Posted July 12, 2009 Share Posted July 12, 2009 If the VA knows you are on SSD for a SC condition that should be an inferred claim for IU. The VBM says that even if a VA social worker has something in the record about a SC claim that might preclude employment that is an inferred claim for IU. The VBM mentioned a vet with a foot problem where his feet have a bad smell. The VBM says that is enough to be an inferred claim for IU since it would make employers not want to hire him. I think the actual regulations are much more in favor of the vet but the VA just ignores those parts and invents the rest to suit themselves. I think the VA has one overriding concern and that is to keep compensation costs low. This is their dirty business they will never admit to doing. 1.inferred claim for IU-- I think "Inferred" was the word I was looking for, so if it was applied to taganbag my case is identical or my situation at least.. 2.VA just ignores those parts and invents the rest to suit themselves--This is the part that worries me that the VA would be quick to give me P/T but say as a result of new materiel evidence give me a new EED, even though it was on appeal and I had the same evidence supporting the same ruling. Sorry tagandbag not trying to high jack your post, it looks as though the VA will have to do the same in my case and you bring an important subject matter that is important to me. I got all the good news except my EED which has left me wondering what they may or may not do.. GENERAL GEORGE S. PATTON, JR. "Do more than is required of you." Link to comment Share on other sites More sharing options...
navydoc2 Posted July 12, 2009 Share Posted July 12, 2009 (edited) name='GruntDaddy' date='Jul 11 2009, 03:28 PM' post='154058'] Supposed to buuuuuut it is the VA. Hey, another thing you can do is get an eval stating when you became totally disable and not able to sustain any work. They are supposed to go back to the date you became totally unemployable. Might even go back to when you started getting SSDI. Not totally sure about all the avenues they can take on this. Billy congrats!!! Can anyone tell me what the criteria is for VA going back to to date of last employment as opposed to file date. I'm confused by that can anyone clarify. I am not yet appied for SSD just TDIU. Is this only the case for ssd claims? Edited July 12, 2009 by navydoc2 Link to comment Share on other sites More sharing options...
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