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]

You should have gotten you c-file within a month or two. This wait of 8 months is crazy. Asking for a copy of your c-file is not a claim. If I was you I would go get a lawyer to take this claim. Just send in a generic NOD and then get a lawyer. If no lawyer will take the case then you pretty much know this is going to be a very hard battle. The VA is not going to roll over on this.

Yeah ...I agree! It's certainly taken 'too long' for me to get my C-file. The VARO-Honolulu sent me a message, via IRIS, about it, saying... "they only have one person who copies C-files for shipment; and ...that mine was tied-up with my claim, which they just denied on May 3, 2011. They went-on to say that... they were going to put my C-file in-queue ...ahead of many other veterans who are waiting for theirs; and ...it should ship, via Fed-X, (due to my U.S. Embassy FPO mail-system weight restrictions), within 60-to-90 days. Yeah ...right! I'll believe it ...when I see it! By the way, the Fed-X shipping expense belongs 'to me.'

I know that a request for one's C-file is not a claim ...too; but ...that's how it's listed, (F.O.I.A./Privacy Act Request claim), on their 'eBenefits' web-site. It stated that the 'claim' was in the 'development-phase.' -- I just checked the web-site, again, and it still says 'development-phase.'

I've got to do a long-distance search, for a attorney, in Honolulu, HI; as ...I'll be here, in the Philippines until, at least, October, 2011. Then, I'll be returning to Maui, HI. I alternate, between the two locations, for 3-month stays, when I can afford to do so. Have any suggestions about a 'sharp' veteran's attorney in Hawaii?

The 'NOD' was sent a couple of days ago; so ...I should have plenty of time to go through my C-file ...when I get it.

Thanks ...for all of your help; and ...please keep me informed of any ideas you my have in the future.

Sonny

Edited May 17, 2011 by BlakePaigeStone

[BlakePaigeStone]

To: All at HadIt.Com

Before I go any further, here ...I'd like to know how I can 'change my topic' of this thread, ('Earlier Effective Date'), to the more appropriate title of... 'CUE for Retroactive Increase Of Initial S-C Rating Percentage.' I've found, as I've proceeded into this claims process with the VARO-Honolulu, that I needed to be more 'specific' about 'exactly' what I'm seeking; and ...not depend on my 'generalized' terms to inform them.

I think that the 'wording' of my original claim, (May 20, 2010), was what caused the VA to home-in on the 'TDIU eligibility date' issue; when... what I wanted, as explained in the 'body' of my claim ...and recent 'NOD' letter, was... 'to increase my initial rating percentage from 30% ...to, at least, 70%.' (rating-decision denied entitlement to earlier effective-date for TDIU ...because I was initially/retroactively rated at 30%)

Once successful in increasing the 30% ...to 70%, it was, then ...my intention to approach my 'TDIU eligibility-date' issue ...due to the realities of:

1. My 1995 VAMC-Lyons, (NJ), doctor's diagnosed 'PTSD-Chronic w/Unemployability.'

2. My lack of employment, since, at least, 1994 ...which is of record, from my final medical reports from... VAMC-Coatesville, (PA); VAMC-Lyons, (NJ); VAMC-Atlanta, (GA); VAMC-Philadelphia, (PA); the Vet Center, (Philadelphia, PA/Center-City Branch); and ...my resulting 'PTSD-related homelessness;' covering the periods from well before 1994 ...up to 2002.

Changing my topic title would help me become more 'specific' with the terminology; and '...get more helpful information' from the experts here on HadIt.Com ...while I'm 'anxiously' waiting for the delivery of 'my C-file.' (There's actually, little more that I can do, but '...research my case,' until it arrives!)

Can this be done without starting a brand-new topic?

Thanks, in advance, for 'all' your input postings.

Regards,

Sonny