I Need The Big Wigs Hadit

[Mr cue]

ok i was 10% from 94 until 2001 when i put in my own paper i was granted 60%iu because i had not work since 94. i did a cue of my 94 claim and the bva say there can not be a cue of a claim that is still open. so remaned it to amc that whole story but i got the denied from amc say it on the way back to board. call vba today was told it in transit. ok now if my claim from 94 is still open than that means my eef date should be 94 for my 60% iu right i look at laws anyone every since any thing like this.

[carlie]

ok now if my claim from 94 is still open than that means my eef date should be 94 for my 60% iu right i look at laws anyone every since any thing like this.

yulooking,

I'm surely no big wig but will give an opinion.

No not necessarily so.

In 1994 your medical evidence may not have met the schedule for SC at 60 %.

carlie

Edited November 18, 2009 by carlie
more info

[Mr cue]

ok any one every seen something like this i cant find a case where this happen it would seem as if my case from 94 was open and in 2001 when i sumitted papers and granted 60% iu that my effective date should be 94 not 2001 right need help here i am lost.

[carlie]

ok any one every seen something like this i cant find a case where this happen it would seem as if my case from 94 was open and in 2001 when i sumitted papers and granted 60% iu that my effective date should be 94 not 2001 right need help here i am lost.

yulooking,

If the claim was still open from 1994 and in 2001

was granted at 60 % IU, I think VA will either:

1) assign the effective date of 1994, if the medical evidence met the

60% criteria and IU at that time.

My question's on this effective date is had you applied for IU

or did the medical evidence clearly show you were unemployable in 1994 ?

2) assign staged rating from 1994 to present by going with the

medical evidence of record during different stages.

jmho,

carlie

Edited November 19, 2009 by carlie
more questions

[Mr cue]

i have not work since army 94 it part of record i was in voc rehab with 10% u must have a employment problem i just need a case where this happen so i can see how this works

[Berta]

I agree with Carlie- do you get SSA disability ? If so what are the benefits for- same as the SC? and when did the SSA benefits start?

"ok i was 10% from 94 until 2001 when i put in my own paper i was granted 60%iu because i had not work since 94"

Do you mean you applied for TDIU in 2001?

Can you give us the Docket number, date and decision number of your BVA case?

[Philip Rogers]

Yes, your claim should have gone back to '94.

I was awarded 30% in '89. I appealed that decision and applied for TDIU 4 times during the next 8 yrs. I just kept putting in TDIU applications, in case I'd missed some deadline or something. At about 8 yrs I was awarded TDIU but not retro to '89. I continued my appeal and I was eventually awarded 100% P&T, at 10yrs and 5 months. The RO tried to short change me one yr of retro but I sent them a letter explaining their error and received the additional $17k within about a month.

If the evidence is there they should go back to '94. Your earnings record from SS would be excellent evidence of not being able to work.

pr

ok any one every seen something like this i cant find a case where this happen it would seem as if my case from 94 was open and in 2001 when i sumitted papers and granted 60% iu that my effective date should be 94 not 2001 right need help here i am lost.