tdiu Don't Understand This Letter?

[Tammy]

Can someone help me explain how to answer this letter I am not sure how...Here is what the letter reads.

Dear Mr. Brinegar.

In reviewing you 11-01-04 Notice of Disagreement(NOD), it appears there may have been additional issues mentioned that you were in disagreement with. Currently the only issue on the appeal is for an earlier effective date for individual unemployability. We neee you to clarify which specifice issures from the 09-21-04 rating dicission you are appealing. If we don't receive your written clarification within 30 days we will take you lack of a response to mean that you are only appealing the effective date of the awward of indvidual unemployability.. The following is a list of possible issues from the 09-21-04 rating decision:

Iffective date of service connection for urinary incontinence;

Evaluation of 30% for urinary incontinence;

Effective date of sevice connection for irriatabel bowel syndrome;

Evaluation on 10% or irritable bowel syndrome;

Effective date of increased evaluation for thoracic spine condition;

Evaluation of thoracic spine condition,is curruently 10%

Effective date of service connection for erectile dysfunction;

Evaluation of 0% for erectile dysfunction;

Effective date of entitlement to indvidual unemployablity;

Evaluation of lumbar spine condition, currently 40%;

Evaluation of residuals of right ureter repair, currently 0%

If you have any questions or need assistance with your claim contact 1-800-827-1000. If you call refer to VA Claim number shown on the first page of this letter or you can contact us through our website at ......

________________________________________________________________________________

_________

Okay this is my question, if anyone can help me, my husband was caught in between two 5 ton trucks, he was a mech. in the Army and the guy that hit him didn't have is glasses on but was ordered to go help my husband anyway, he was still waiting for his perscription for his glasses, the guy that hit him. So, when he had this accident on Nov.5th 1979 he had several injuries including a broken back which the VA refused to believe until 2001 they did admit he did break his back in the Army during the accident. He applied for benifits as son as he was discharged, there was a paper he signed asking if he was going to file a claim and he stated yes. So when he was released he did just that he got awarded 10% from 1979 until 2001 for contusion to the right kindney and torn urter. Nothing for the fractured back, adhesions, disfigurement of the penis and stomache, or incontince of the bowels and urine. Now he does get an amount for lack of use of a organ(penis) we have filed claim after claim and had to file bankruptcy because of all the bills he could never get the proper medical attention nor our children and one of our boys was very ill and had to go to the children's hospital in Seattle and I had to quit Nursing School to take care of our child. I am saying all this that now that the children are grown they are willing to give my husband 100% nothing for adhesions and the depression, have several documents that state he can't work. I am disabled and can't work now, I was getting SSI until he got 100% from VA now I don't get anything. I thought my husband should appeal the time because we have been going back and forth with the VA and everything was denied stating his back was deformed and now he has adhesions from all the scarring from the bladder and kindney along with IBS and his back his awful and he is on so much pain medication. I believe that had he had the right care several of these things could of been prevented. I want to say the it was a clear mistakable error (CUE) on thier part. The VA does agree now that his back was fractured in the accident but at the time until 2001 they would not give an inch. Now if he applied right after the service and he got denial after denial but now they are willing to give him 100% but I am not sure how to respond to the letter. I just want my husband to get the money that should of been awarded to him and his family's care when he couldnt get jobs because of the physical exams they did prior to hiring for jobs. As soon as employers seen the fractures they knew that he was at high risk for the job. He did have some jobs but he never really got that much ahead and he was always in so much pain. Now, he can't be anywhere without a tolit and I have to clean him up which I don't mind but he is very sad and embarassed as a man and our sex life. If someone knows how I need to address this letter please help me. Also let me know what kind of things to send in to them. I feel they should go back to the date of the accident, but my husband doesn't think they will do that for him. Please help him and me in anyway possible. He is only 50 yrs old and he deserves to have what is owed to him.

Thank you and sorry for the length of this letter.

Tammy in Montana

[Testvet]

you can keep appealing and fighting it, but expect a long battle and I would tell them you are appealing everything and that you expect CUE bacl to the date of the original decision in 1979 or 80, but if I was you I would learn to accept things the way they are and enjoy the new rating and find some happiness, if the back pay comes it comes, just be grateful you have won a new financial footing and can enjoy some comforts of the benefits you both deserved before he dies. PS I would trade an SSI check for 100% VA anyday it makes a good trade to me. Find some happiness and if you feel the need keep fighting the VA but don't let it be your main focus any longer, if it happnes it happens and if it don't it don;t but you do have the brass ring now be thankful, they sould still be jerking you all around. Mike

[Pete53]

Tammy thank you for standing by your Veteran and I agree your husband deserves much better treatment than he has gotten so far.

First of all a man whocannot work because of injuries substained in Service deserves 100% Service Connection and good Medical Treatment. Its sometimes a War to get it but in your hsubands case he has physical and emotional injury due to his Service.

To win your claim you will probably need a Doctors opinion that links his service to the injury, reviews how the injury has continued since service and a diagnosis with an opinion that he is unable to work.

Hadit is a great place but this is just a general way to go about getting what your husband should get.

Good Luck

[Berta]

I think they mean that it appears you are appealing both the EED for TDIU and also these other issues-

At least they are asking for clarification instead of ignoring the other issues you raised.

An Earlier effective date for the TDIU will have to based on evidence of total disability prior to the date they gave you-It could be possible they would award you more retro prior to the date you filed for TDIU-but the medical evidence would have to be solid-

"If they did not properly take this reg into account- it could be used to support an EED for the TDIU.

A TDIU rating claim is treated as a claim for increased

disability compensation. Applicable regulations provide that

the effective date of an increase in disability compensation

shall be the earliest date as of which it is factually

ascertainable that an increase in disability had occurred if

the claim is received within one year from such date

otherwise, date of receipt of claim. 38 C.F.R. §

3.400(o)(2)."

Other then that -as Mike said- it would take a CUE claim to potentially recover any retro beyond what could be recovered as in above.

Cue claims (based on clear and unmistakable error)are dependent on legal errors that the Va has made in past decisions-

They are complex and difficult to win.But vets have succeeded in them . The best way to file one is to study CUE claims at the BVA web site and then determine if the VA committed legal error in the older claim you mentioned.