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]

Blake,

I got my Senator and Congressman involved. My congressman's vet rep even found out some relevant information for my claims as well as getting all of my ships logs. Seems it did slow the claims down some. Mine was an unusual set of circumstances, and I did win most all claims so far. The slow down was necessary. I could hardly believe the congressional vets rep found things right away just by looking at the SM records. He found things that I didn't even see.

Stretch;

Thanks for your input.

I, also, experienced a positive result when I have had my U.S. Senator(s) intervene, on my behalf. I just feel that I need to find-out... 'just what the VA has decided,' before I consider any options at this juncture. It's a wee-bit too early in the process ...as yet.

Let's hope I don't need ...to contact my senator/representative.

Thanks ...again!

[BlakePaigeStone]

Well, I've been leaving voice-mails; sending emails; and, trying to call ...my 'DAV' office, at the VARO-Honolulu, since 2:30am, Tuesday, (my time-zone) ...which would make it 8:30am, Monday ...in Hawaii.

I never get 'any' replies to my emails; or ...even a return call, to my, (local Hawaii), V.O.I.P./U.S. internet phone-line number. They are just... 'non-responsive!'

All I need is... some information on the results of my claim ...that was 'closed' by the VARO-Honolulu, on Thursday, May 5, 2011. (according to the VA eBenefits web-site)

hey could even 'scan & email' the document to me ...you think?!

Since I'm calling from the 'Philippines,' I have to get-up at 2am, to try to reach someone in their office. This whole 'VA & DAV' process certainly is frustrating! The one thing that I've learned to do is... 'never, ever, give-up!' I'll be back on-the-phone, again, tomorrow morning ...at 2am!

[Stretch]

I have been using Skype for years. I use to call before CST , Central Standard Time, VARO opened, and get the EST New York VARO right down stairs from the AMC. The VSR's in NY told me some information that calmed me down. My VARO would say nothing to help. Might get lucky.

[BlakePaigeStone]

Well... I'm totally frustrated now! I have been trying to get an answer, from my DAV office ...in Honolulu, about the decision of my recently closed claim; as ...I've left numerous voice-mail, and email, messages. I 'never' get any type of response; and ...nobody will answer their phone. (808/433-0490) I don't even know who my representative is!

I have to get-up at 2am, (my time-zone), in order to call them when it is 8am in Hawaii. I also tried the VA's 1-800 number, but ...the person told me they couldn't give me any more information than what I've already seen on the e-benefits web-site!

I know that my notification letter has been mailed; but ...it takes my 'U.S. Embassy FPO mail-system' deliveries an average of 20-days to reach me. In fact, I had to call about a 'passed deadline' of my annual TDIU employment verification notice ...before. I didn't receive the letter/form until after the deadline date had passed. My mail deliveries are made on Tuesdays and Fridays ...only! (even then, I always have to add the word: 'maybe')

So, all I can do is keep calling my DAV office ...I guess. Anyone have a suggestion?

Oh yeah; I just received a notice, from the VA's IRIS-system ...telling me that my request for my C-file is being processed. They also mentioned that they are sending my 'three, (3), volumes' ...all at the same time. My concern is... 'I need the shipment sent by Fed-X/DHL, or some other delivery service; because ...there are weight restrictions, (of 1lb./16oz.), on my 'U.S. Embassy FPO mail-system.' I responded with notification that I need them to inform me of their process to send it, at-my-expense, via an alternate delivery service. Any thoughts?

In the meantime, I'm going to keep trying to reach my DAV office, in Honolulu!

[john999]

When you file a CUE it always smells like it could go bad. I would just wait for a decision and then file you NOD and hire a lawyer. If the lawyers won't take it then go forward by yourself. You need the decision to really prepare for an appeal. In some CUE claims the VA will just say "No CUE occurred" and that is it. Others they may explain themselves. In my claims at the RO the VA tried every dirty trick in the book including trying to get negavtive evidence into the record that was not before the RO at the time of the decision. In the end they just said "NO CUE" without reasons or basis. Only at the BVA did they go into why they were rejecting my CUE. There reasons are bogus also, but at least they gave them.

[Philip Rogers]

You can call the VA and ask what rate you're being paid at and what are the current disability ratings. You'll know if they're different.

pr