I Need Help

[Mr cue]

i put in claim 94 it was denied put in paper to continue my appeal never hear anything 2001 i sumitt papers and was award 60% iu eef 2001.i put in for a cue of 94 claim i went to bva. the bva denied it because it was still a open appeal that was never cretify to them. and remanded it to amc/ro my question and i can not find any in cfr for this. if my claim was still open from 94 should this be my eef for my 60%iu i was awarded in 2001. i never work since 94 va is a wear of this. can some help me find cfr or case that like this.

[Berta]

http://www.va.gov/vetapp09/files2/0914289.txt

In this BVA case the vet had filed what appeared to be a claim in 1992 that remained open.

The decision cites Ingram V Nicholson and also mentions how the EED will be affected.

In your case-your were unemployable since 1994 and I assume due to the same reason for your eventual 60% IU award.

Do you get SSA for the same thing that VA serviced connected in 2001.

When did you get this SSA award?

Did VA ever acknowledge the SSA award -if you got one?

I would certainly feel that if this apparent still open claim is adjudicated and awarded -the EED would have to be 1994 with the retro to 1994 less the amount you received since 2001 award.

Or it could be a staged rating- maybe 10%, to 30% , etc-

or-if the medical evidence in 1994 warranted it- the TDIU from that date.

But one problem I see is if the VA hinges solely on their date of receipt of the TDIU form.Yet if the evidence warranted them considering you for TDIU in 1994 -then perhaps they will award the TDIU as retro.

I understand that this is a basis of a remand you got from the BVA.

The BVA obviously saw evidence that this 1994 claim was still open.

If they gave you SC in 2001, there must have been a basis for SC in 1994.

Do you have copies of all of your records going back to 1994?

If the claim is still open- this is not a CUE claim but I would be jumping for joy if I were you-as this is as good as succeeding in a CUE if the VA has to adjudicate and award that older claim.

[Berta]

PS-can you give us the Citation and Docket Number? It might be at the BVA web site buy now-

in the remand- if I were you-

where they tell the VARO what to do next- if there is anything mentioned there that you yourself could do and submit to VA-that would help-

[Berta]

This might help too:

http://www.hadit.com/significant_judicial_...ls_fy_2007.html

Ingram link is on that page and more info as to what consitutes a Pending and open claim.

Also I think Cook V Principi refers to same subject.

I just read something at CAVC that wont help - the vet had an apparent still open claim regarding "nerves" and subsequently was awarded for PTSD and tried for better EED back to 1986.

The CAVC agreed with the BVA that the subsequent PTSD award had nothing to do with the "nerve" claim or the EED.

But I remember my husband's first VA award letter-probably still here from 1983- and they said his PTSD was "nervous problem" or something like that .But it was PTSD.

[john999]

When I was rated in 1973 it was for a "nervous disorder". Years later the VA denied I was ever rated for a nervous disorder but I have the records.

[Mr cue]

this is the docket number 09-19 043 i want to thank u for the cases they help me under stand what is next i was granted one thing in 94and deined other. remaned only talk about the denied issue. i went 60%iu 2001 for the one that was granted 94. no i never got ssi i was in voc rehab 94 with 10% because my disabilty effected my work comp exam 94 stated i was not work and on soc for my cue ro stated i had not work since 94. 2001 comp exam doc say the likely hood of me working again is slim.

[Pete53]

yulooking:

Hang in there you can win.