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Iu Claim In Decision Phase

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BigCountryVet

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Greetings once again, friends! On October 12, 2010, I submitted a claim for TDIU due to my PTSD w/major depression and anxiety disorder. I stopped working in approximately mid June of 2010. I was having weekly anxiety attacks (one sent me straight to the ER) and would want to physically harm any customer that called in and caused me any seemingly undue stress. Long story short I have been in and out of at least 8 jobs over the last 5 years since being discharged from the Army. Recently I took myself off divalproex which is supposed to control my anger issues because i thought i'd be able to do good without it, and SURPRISE things got even worse than before fast quick and in a hurry. I also did the same naive thing with my trazodone which helps me sleep and i am now back to staying up until 3 am every morning. I still am, however, on citalopram for depression. Tomorrow at my weekly VA appt I'm going to have my doc put me back on anger & sleep meds.

My original SC for ptsd was rated at 70% effective January 12, 2006. As I said before, I worked less than marginally off and on for almost 5 years before finally quitting work altogether in June 2010. If my IU is in fact granted will it go back to Jan '06 since the IU is a result of my PTSD or will it just go back to when I stopped working altogether in June 2010? Thanks once again guys for being an open ear and offering any and all advice. One last thing, does anybody on here go through the Waco RO here in Texas for all their claims stuff? I do and I called the 800 number today and they told me it has been in the rating office for approx 20 days with an avg turnaround time in the waco office of 10 - 21 days once at the rating office. Looking forward to hearing back from all you wonderful folks!

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  • HadIt.com Elder

BigCountryVet:

You quit working in June 2010. Have you applied for SSDI?

You applied for TDIU in October 2010. Normally, that will be the effective date for a VA claim. Since the VA had you at less than 100%, it's likely that no earlier date would be considered.

Waco is handling your claim. Successful PTSD claims resulting in 100% at Waco have been known to result in the VA appointing a fiduciary, which is something to avoid if at all possible.

Should you have any indication that the VA is going down the fiduciary path, contact a qualified veteran's lawyer without delay. The last thing you want is a VA fiduciary in control of your money.

Edited by Chuck75
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I ask about the backpay to the earlier dates because I've read of other veterans who have lived the very same experience and been awarded backpay to those earlier dates. AS far as the SSD, I have been awarded that and been receiving payments since about September 2010. I looked up the fiduciary program on the va website and it said a fiduciary was for those who couldn't handle their finances on their own. Have you heard of a reason Waco appoints a fiduciary to veterans whom they haven't determined as incapable of handling their finances? Thanks for you reply, my friend. I look forward to an ongoing dialogue over this issue.

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BCV,

There's a reg that might allow you (going by the evidence) up to 12 months

of retro, on the claim for IU you filed Oct 12,2010.

If you can get them to apply that reg - it is the furtherest retro you will be able to get.

JMHO

Carlie passed away in November 2015 she is missed.

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This is just my opinion and I hope other will chime in but since you filed a claim in Oct. 2010 for TDIU, I think that VA might award you 100% schedular and say that your claim for TDIU is moot to avoid any type of earlier effective dates. Of course I hope I am off but it sounds like something they would at least try.

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  • HadIt.com Elder

Schedular is a by the book rating, Moot means that they will not consider an earlier that Oct 2010 date cause you never asked. It pretty much catches a lot of us but unless you have an open claim not to likely or you asked at an earlier date you have nothing that enables you to go past your original filing date.

However, I always advise get the rating first and worry about effective dates after you get the rating.

Good luck

Veterans deserve real choice for their health care.

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