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Retro Pay Question

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ironsoldier77

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I filed for TDIU on Dec 9, 2008. It was denied on Oct. 26th 2009. Towards the end of last month I put in a new claim for reconsideration for TDIU and TBI. Am I correct to assume that the retro pay will go back to the date of Dec 9,2008? Or will it go back to the date of when I had to quit my job because of my PTSD, which was in November of 2008? Also, will the VA see that I applied for TDIU in 2008 or will they only see the new date of file for reconsideration which is August 25,2010? I was also awarded SSDI on Jan 5,2009 because of my PTSD. They only list it as "anxiety and mood disorder" but my records clearly show that its PTSD that I was complaining about, from being in 2 combat tours for OIF. Thanks to all for any input! You guys are a great help for us veterans that are struggling.

I am about to be going to the biloxi PTSD clinic in the next coming months for 2 weeks. I have appointments all the way up till November for Meditation therapy at the VA outpatient clinic. My mental health doctor thinks its time for me to get more intense therapy. Thats why im going away for 2 weeks to Biloxi.

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I filed for TDIU on Dec 9, 2008. It was denied on Oct. 26th 2009. Towards the end of last month I put in a new claim for reconsideration for TDIU and TBI.

iron,

Be sure your have filed a NOD on the rating decision dated Oct 26,2009 - prior to Oct 26, 2010.

Even tho you filed have filed a request for reconsideration, your 1 year NOD clock is ticking to preserve your effective date

on the IU claim.

You may not have a clear understanding on reconsideration.

When a claimant makes a request for reconsideration of an issue that was denied - they are essentially agreeing with the

denial but they also need to submit additional evidence for the decision maker - to reconsider the denied issue and evidence of record

along with the additional evidence you submit.

Now on the issue of TBI - is this the first time you've requested SC for TBI ?

If yes - then it is a new issue being claimed - no Rating decision has ever been promulgated on it,

so the TBI issue is not ripe for either a NOD or a request for reconsideration.

Hope this helps a vet.

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This is the 3rd time I've requested SC for TBI. The difference this time, is I have a clear diagnosis from neuropsych testing(mild cognitive impairment likely associated with blast injuries) from the TBI clinic/doctor. I submitted that evidence this time with the claim. Yesterday I saw my mental health doctor and she is going to recommend me for the PTSD 2 week clinic in Biloxi. I basically broke down in tears and really lost it in front of her. She's also going to write a letter explaining that PTSD is the cause of my unemployability. I also have a letter coming from my voc rehab counselor stating that Im no longer able to receive services from them. The VA would have a hard time denying me TDIU or TBI this time around. IF they deny me this time. Im getting a lawyer!! I should have had TDIU already, when Voc rehab found me infeasable and unemployable back in 2008. I just didn't know that much about it, so I never pushed the issue. Ever since I've been coming here to Hadit and getting advice from all of you, I realize that I have a really good case and I SHOULD get approved. I am going to request a NOD for the Oct,2009 denial from my VSO next week. Thanks again for all your advice. Me and my family really need this to come through for us. We are struggling to survive financially and with my PTSD as bad as it is, its only making matters worse. I've been out of the army since April 3rd,2007 and have been dealing with all this since then. If I didnt have my VA benefits or SSDI, we would be screwed and I would have lost my home. So getting this claim awarded, and getting the retro pay, would really cut down on all the stress. We could live a normal life and not have to worry all the time.

iron,

Be sure your have filed a NOD on the rating decision dated Oct 26,2009 - prior to Oct 26, 2010.

Even tho you filed have filed a request for reconsideration, your 1 year NOD clock is ticking to preserve your effective date

on the IU claim.

You may not have a clear understanding on reconsideration.

When a claimant makes a request for reconsideration of an issue that was denied - they are essentially agreeing with the

denial but they also need to submit additional evidence for the decision maker - to reconsider the denied issue and evidence of record

along with the additional evidence you submit.

Now on the issue of TBI - is this the first time you've requested SC for TBI ?

If yes - then it is a new issue being claimed - no Rating decision has ever been promulgated on it,

so the TBI issue is not ripe for either a NOD or a request for reconsideration.

Hope this helps a vet.

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This is the 3rd time I've requested SC for TBI.

The difference this time, is I have a clear diagnosis from neuropsych testing(mild cognitive impairment likely associated with blast injuries)

from the TBI clinic/doctor. I submitted that evidence this time with the claim.

So are you saying you have a rating decision that denied SC for TBI or TBI was claimed earlier and has been a pending unadjudicated claim.

If you did receive a rating decision that denied the issue of SC for TBI, what is the date of the denial and what were the

Reasons and Bases for the denial ?

If it was any more than 1 year ago and a NOD had not been filed - then you will be re-opening the claim for TBI with hopefully

New & Material evidence and the date of re-opening will now become the new effective date, if it is granted.

Yesterday I saw my mental health doctor and she is going to recommend me for the PTSD 2 week clinic in Biloxi. I basically broke down in tears and really lost it in front of her. She's also going to write a letter explaining that PTSD is the cause of my unemployability. I also have a letter coming from my voc rehab counselor stating that Im no longer able to receive services from them. The VA would have a hard time denying me TDIU or TBI this time around. IF they deny me this time. Im getting a lawyer!! I should have had TDIU already, when Voc rehab found me infeasable and unemployable back in 2008. I just didn't know that much about it, so I never pushed the issue. Ever since I've been coming here to Hadit and getting advice from all of you, I realize that I have a really good case and I SHOULD get approved. I am going to request a NOD for the Oct,2009 denial from my VSO next week. Thanks again for all your advice.

The above seems to be good evidence.

Do you have any other additional medical problems due to TBI - like headaches/migraines or cervical problems ?

If yes, you need to file for them, times awasting.

Me and my family really need this to come through for us. We are struggling to survive financially and with my PTSD as bad as it is, its only making matters worse. I've been out of the army since April 3rd,2007 and have been dealing with all this since then. If I didnt have my VA benefits or SSDI, we would be screwed and I would have lost my home. So getting this claim awarded, and getting the retro pay, would really cut down on all the stress. We could live a normal life and not have to worry all the time.

I suggest you contact the Wounded Warriors Program as they may have some money you might qualify for.

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I have a denied claim for an increase in PTSD rating and TBI dated April 29,2010. The reasons and basis for the denial of TBI is as stated in the denial.

Your service treatment records for the aforementioned period of service are silent to symptoms or a diagnosis of a TBI or residuals thereof.

Service connnection for a TBI was previously denied by rating decision of june 23,2008,as not incurred in or caused by service. You were notified of the decision, which was not appealed and became final June 30,2009.

Your statement in support of your current claim received December 31,2009, noted you were requesting to reopen your claim for service connection for the residuals of a TBI, as you had been recently diagnosed with the claimed disability.

Cited treatment records from the Pensacola VA Outpatient Clinic were reviewed and showed you were seen for reported symptoms that you related to sustained TBI injuries in service. The provisional assessment was , mild TBI.

Although your service treatment records are silent to the claimed injury we conceded your recollection of your combat experiences was plausible and reopened your claim based on the new evidence of a provisional diagnosis of TBI.

A VA examination was ordered to evaluate your level of disability and obtain an opinion as to whether or not you have a residual disability resulting from a TBI in service.

VA examination results from the pensacola VAOPC noted the examiner thoroughly reviewed your claims file and treatment records. The examiner noted you are currently unemployed and receiving benefits from the SSA. The examiner noted your reported military history of exposure to IED blasts, RPG strikes and land mine explosions on many occasions while clearing routes for convoys. You reported several occasions when you were momentarily disoriented for less than 1 minute and that you were required to see medical after each incident and you were diagnosed with TBI, however, never given light duty or taken off patrol. Your current claimed residuals were primary insomnia, which the examiner opined is not related to or caused by a TBI. You also reported memory impairment, which the examiner opined is related to your mental disability and not related to or caused by a TBI. The physical exam was within normal limits. The examiner opined there was no objective evidence of TBI residuals, despite your subjective complaints; your symptom pattern did not support TBI residuals. The examiner concluded by opining that subjective complaints of evolving symptoms beyond 24 months are inconsistent with TBI.

The claim for service connection for TBI was reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service.

That is the end of the record.

Just so you know, during the timeframe of me waiting on the decision the above claim, I was undergoing the neuropsych testing. It took a long time for my TBI doc to complete the testing. He broke it up into 3 different appointments. Which were pretty far apart from eachother. I didnt receive the actual results from the testing till after the decision. Those results were added in the new claim for reconsideration dated Aug,25th 2010. I have no headaches or migraines or cervical problems. Only memory, concentration and attention. The TBI doctor put on his diagnosis under Axis I -Mild Cognitive Impairment likely associated with blast injuries. I would think with that diagnosis from a TBI doctor, after neuropsych testing, it would atleast get me awarded 10% for mild TBI.

Thank your for suggesting the wounded warriors program. I've never even heard of it. I will look into it. Thanks again for your help!!

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