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Va Wont Consider Tdiu Until They Get A Formal 21-8940 Tdiu Application.

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Steppenwolf

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In another TDIU post Berta posted this:

"VA wont consider TDIU until they get a formal 21-8940 TDIU application."

A day or two ago i found a similar statement on a non-hadit page.

i am awaiting a hearing date on a NOD from my june 09 award which i sent in a disagreement about the %. My thinking was: get 70% so i can ask for 100% TDIU. Mostly i've been told that i can not have 100% with my current 50%.

i did not ask for TDIU. Never knew about nor was it suggested to me by any of my POA's to submit this form/request.

i have already claimed to be an idiot. My brain must not be working right but when a veteran goes to a poa, a VSO who is trained to know VA law; then is it too much to expect that they will read all through your files that you have not worked, you will not be able to work, " you have not worked in 39 years " etc. that they will suggest that "we submit form 21-8940 and make the case for TDIU since your work record, VA record, and even service records address not working issues"?

Maybe a case can be made that all veterans need to be responsible to know their own case. On the other hand most of us have been in situations where our buddy is stunned by something unexpected and only we can see what they can not. In the field it can save someone's life. i think this could have changed my whole life had someone seen the bleeding and helped apply the necessary fix until i got the help i needed to help stop me from losing my mind.

Just thinking about "yet another mistake i've made" zaps the life out of me. i beat myself with disbelief til i can't move, i unlpug the phone, lock the doors, close the blinds, take some pills, and crawl up into a ball and wait to pass out so i don't have to face the idiot once again.

is it too late to send VARO the form?

If i was at work now i would not be able to carry on...my mind races out of control and it is best if i'm alone.

PS: It was suggested many years ago to file for SSI or SSDI but i didn't work enough to qualify. My regular SS is 333 dollar a month. Most best 18 years were military and before...starting in 1962. You do the math.

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  • HadIt.com Elder

When you file for TDIU using form 21-8940, which you can download from Berta's post below, then that form is a form that is considered "filing for an increase".

So, if you file for TDU, then you have automatically filed for an increase.

And, the longer you wait for to file, the more MONEY it is costing YOU!

You might, just for funnys, ask your service officer to help you file this form. I'd be personally interested in what they would have to say vis a vis what they "advise" you.

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  • HadIt.com Elder

Ok here is the deal and I am confused.

I filed June 1991 for Depression and Panic Disorder

In Nov 1993 I was granted 30% for major depression with panic disorder and agoraphobia.

In Nov of 1996 I had a hearing and filed the TDIU Paperwork at the request of the rater not my VSO. A few days later I was granted 100% for panic disorder P&T no future exams effective Nov 1993.

Although I was awarded 100% but not with TDIU would that paper work make a later effective date than June 1991. This has troubled me for years and I figure over 50,000 bucks on the table.

Anyone who has an insight it would mean a lot to me cause I feel that I was screwed

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  • HadIt.com Elder

Well, Pete, it does sound like you were screwed, but, having said that, whatever became of your TDIU claim. Was it ever ajudicated or did you ever get a SOC or anything concerning the TDIU claim?

By-the-way, just as a little side note:

I may be strange, but, I always enjoy(ed) getting screwed, so I just can't understand the use of the expression. Take right now for example......I'd happily take a good screwin'

just sayin................

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Pete-

"In Nov of 1996 I had a hearing and filed the TDIU Paperwork at the request of the rater not my VSO. A few days later I was granted 100% for panic disorder P&T no future exams effective Nov 1993.

Although I was awarded 100% but not with TDIU would that paper work make a later effective date than June 1991."

I don't see how if would as the 100% award made TDIU consideration a mute issue.

I have posted here as well as others have posted too- how the "date entitlement arose" for TDIU or any other type of claim is determned and how it can be changed for a more favorable EED.The actual reg that phrase is in was also posted here last week.

I have used my husband as example of how it works ( I know -here it goes again- sorry all but this is best example I have)

Rod was 30% SC EED 1984

Filed for Higher Rating 1992 and then the TDIU form in 1993.

He also received SSA award solely for PTSD in 1993 which is why he filed the TDIU form.He also had filed Sec 1151 claim as hye believed they were going to kill him.

He died and I continued both of his claims.

He was awarded 100 % P & T for PTSD back to 1991.Posthumously.They didnt mention the TDIU form filed in 1993 which was in his C file.They mentioned the SSA award in the evidence section but not in the narrative.(They committed error there) The narrative contained reference to the other evidence I had sent to them.

It was not limited to clinical records- it also involved another matter (He was first disabled vet in NY to win an ADA case and this had some bearing on his VA claim.Under FOIA the Dept of Labor sent me some info they should not have released.I used it for his PTSD claim.

The EED for the posthumous award was Nov 1991-the same date SSA determined by medical evidence that he could no longer work due to PTSD.

Although they committed evidentiary errors in the decision, 6 years had passed since he had file the original claim for PTSD increase and the other medical and legal evidence awarded the proper EED and retro.

If the EED had Not been Nov 1991,I would have Nodded it and fought for the proper entitlement date based on VA's own regs stated entitlement is based on the date the entitlement arose.

I have never seen the VA go back further then one year after receipt of evidence of 100 % disablity in any similiar type claim.

If you were totally disabled by service in 1991 maybe a CUE occurred in the 1993 award.

It can boil down to what I call the Watergate question- regarding CUE claims.

what did VA know of any evidence of total disability in 1991 and what did they do or didnt do with that evidence?

If they didn't know of any evidence of total disability beyond the EED that gave you-then they could not have made a CUE.

Although this was before the VCAA act in 2000- as I recall VA still would send out authorizations forms to the claimant to obtain all clinical medical records as well as any SSA records available.

Were you awarded SSA disabilty for your conditions as of a 1991 date?

Was the hearing recorded and do you have a transcript of it?

What is the exact wording of the decision that gave you the 1993 EED?

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  • HadIt.com Elder

My SSD award was effective March 1, 1991 and I told the VA at my Hearings and in my documentation. I really don't feel that VA looked for or asked Social Security but they provided records to Social Security if that makes any sense at all. I filed for VA June of 1991. At that time I depended on my VSO who I still consider a pretty good one but he was the first of many.

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If VA was aware of the SSA award,because you told them in writing about it- and did not obtain those findings and if the award was solely for what they service connected-I am surprised your rep didnt tell you to appeal the EED long ago.

It should be lised as Evidence on the older rating decision if they had the SSA records.

If they did have evidence of the SSA award for same SC conditions perhaps you could shape a CUE claim saying they broke their own evidentiary regulations in 38 4. and 4.6.

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