ptsd Earlier Effective Date For Tdiu

[BlakePaigeStone]

I just saw ...yesterday, (on the VA's eBenefits web-site), that my claim has been moved, from the 'decision-phase,' to the 'closed-phase.' Is it unusual for a claim to skip the 'notification-phase?' Is this an indication of anything 'negative?'

I filed the claim on May 20, 2010; and ...it was for an award of retro-active TDIU benefits ...due to CUE. I've been rated at '70%/TDIU' ...for PTSD, since 2002. I was service-connected in 1995, at 30% ...however, I received all of my ratings at the same time ...in 2002. So, the VA rated me from 1995, to 2002, at 30%; then, raised/increased my rating to 70% in 2002 ...plus, awarded me TDIU - P&T. This was all done at the very same time; and ...I received everything in the very same envelope ...in May, 2002.

I claimed that the CUE was made because of all of the 'informal claims' for TDIU, that were ignored, between 1995 and 2002; including my VA Medical Center doctor's diagnosis, (inpatient PTSD program), of 'PTSD-Chronic - w/Unemployable' ...upon my discharge from the hospital, in December of 1995.

I claimed CUE since the claim had been 'closed' since June of 2003. However, the regional office followed-up with a request for me to complete a 'TDIU form,' and send it back. So, the CUE issue was by-passed ...right?! Could they have re-opened my old claim ...because of 'new and material evidence' ...instead? I was also awarded SSDI, very shortly after my VA award.

Does this smell like it could result in 'bad news' for me ...when I get my decision, in a couple of weeks? Does it look like I should prepare for an appeal?

Will '...anyone,' please advise. Thank you!

[BlakePaigeStone]

This was all done at the very same time; and ...I received everything in the very same envelope ...in May, 2002

The fact that everything came in the same envelope at the same time does not mean much. It sounds like you had an open claim that took seven years for them to service connect you, with an effective date of 1995. That is a long time. They could have pulled your treatment records in 2002 and determined your condition warranted TDIU at that time. They are not supposed to rate a claim with old medical records. If you had a service officer, the SO could have filed for a higher rating at any time and not even told you. We would be in a much better position to answer your question if you cited some of the logic right from the original decision as to how the award was determined in 2002.

Cue claims based on informal TDIU requests have been subject to changing laws that make it harder to win this type of claim. The VA will tear doctors reports apart. It would not surprise me if they say they interpreted the docotors comment that PTSD with unemlpoyable applied to the time you were in the hospital. When seeking TDIU I tell the veteran to get a very specific statement that addresses the inability to work with a specified amount of time. Such as, the veterans PTSD is so severe as to make the veteran unable to sustain gainful employment and his condition is not likely to improve in the future.

I will try and find some of the new decisions addressing informal TDIU. The way the new decisions are going the only way you can get retro TDIU is if they decide that it was totally obvious you had a long term inability to obtain gainful employment. Anything is possible with the VA. They might even find something that you did not bring up and CUE themselves.

You bring up some very good points. If only I'd known ...huh?! Since my claim has been closed, as of May 5, 2011 ...I should know within the next 15-days, or so. I'm giving my DAV office a call on Monday morning. Maybe they'll be able to tell me which way I go from here. (wherever 'here' is)

My C-file was two huge folders thick ...the last time I saw it, in 2002; and ...maybe there was something in it, that was missed last-time.

Thanks! Any, and all, input is welcome.

T

[BlakePaigeStone]

I do not see this claim for CUE for the IU to be

retro'd back to 1995.

IMO there has been lots of posts on informal claims

that contain some information that is not correct.

Sometimes claimants feel such and such is an informal claim

when in reality it is not.

JMHO

So, just 'what' would be considered 'informal?' Since I wasn't service-connected until my notification was received in July, 2002 ...a TDIU claim couldn't be established ...right? I don't even remember filing a TDIU form, back then. When I got my rating, it was as if the VARO had done everything for me, (within 30-days) ...after I filed the 'Writ of Mandamus.'

I'll know soon enough; but ...I'm mentally preparing for some type of appeal.

[john999]

When you filed your first claim back in 1995 were all the records and evidence available to the raters at that time. I see that your claim sat in limbo for seven years? It seems to me that the VA should have inferred TDIU based on what your VA doctor said. I have a CUE going back to 1971. In my case the VA excluded evidence that did not fit the rating they gave me. My private doctor said I was 100% and the VA gave me 10% based on notes from a VA doctor and military hospital notes. They just excluded my doctor's DX and all of his supporting statements. So my laywer and I believe we have a CUE, but the VA is fighting it. I think the VA will say regarding your TDIU that since you did not file the form and they did not know you were on SSD solely for the PTSD that there is no CUE. Get a lawyer on the case. I have a claim where the VA broke all the rules and denied me due process, and yet the BVA upheld the decision to grant me just 10% in 1971. This is what you are up against. The BVA says that even though they admit the RO excluded evidence that it would not have mattered anyway. There is a giant difference between 10% and 100% but the BVA says I am just complaining about an unfair decision and no CUE. This is why I hired a lawyer and so should you on a possible CUE with big retro. They don't want to pay and they will wriggle and delay and deny until you pass away.

[Philip Rogers]

If I've read and understand this correctly, I, personally, feel you could have a CUE and/or informal claim for the TDIU retro. The in-hospital stay and the Dr's diagnosis of PTSD/unemployable should have been an informal claim. If that stay was for a PTSD program they should have had you file a formal claim, then. But don't expect to win easily. jmo

pr

[john999]

According to what I have read in VBM when the doctor said you were unemployable that was an informal claim for TDIU. If a VA social workers says you have serious barrier to employment that is an informal claim for TDIU. This according to VBM. Like Phil says the VA will fight it so get a lawyer since you will end up in court probably in 3-5 years.

[Berta]

Hoppy said: " It would not surprise me if they say they interpreted the docotors comment that PTSD with unemlpoyable applied to the time you were in the hospital. "

That is what I thought too.

Then again if this was the 21 day inhouse program- did you get a month temp comp at 100% for this ?

Edited May 7, 2011 by Berta