JohnO Posted September 23, 2011 Share Posted September 23, 2011 I received a call from a rater earlier this week telling me that he was walking my claim through whatever approvals were needed granting me IU. My Social Security disability rating evidently weighed heavily in the decision. My highest individual rating is 30% so Berta, your advise some months ago to go ahead and file for IU was spot on. I received my award letter today. I get paid at the 100% rate from my initial filing date. I've been awarded 30%, 30%, 30%, 20% and 10%. I still have some claims that have not been rated. I also have medical evidence supporting the increase of one of the 30% awards to 60%. I'm still going to get everything filed and rated. I'm not going to relax or be satisfied until all of my claims are properly evaluated. I'm having a hard time getting excited about this. I'm grateful that vets have a safety net of sorts. Thanks to all that have posted and helped us. I ended up doing a lot of my own research and filing of claims based on answers from hadit members. Thanks to all of you that have contributed to this site. Perhaps some day I'll be able to help a vet the way many of you have helped me. Link to comment Share on other sites More sharing options...
Guest Posted September 24, 2011 Share Posted September 24, 2011 Congrats! Link to comment Share on other sites More sharing options...
cooter Posted September 24, 2011 Share Posted September 24, 2011 Way to go JohnO!! Yes, I can definitely vouch for Berta's advice. She's overwhelmingly an asset for Hadit web site! Did your award letter state P&T as well? Link to comment Share on other sites More sharing options...
carlie Posted September 24, 2011 Share Posted September 24, 2011 I received a call from a rater earlier this week telling me that he was walking my claim through whatever approvals were needed granting me IU. My Social Security disability rating evidently weighed heavily in the decision. My highest individual rating is 30% so Berta, your advise some months ago to go ahead and file for IU was spot on. I received my award letter today. I get paid at the 100% rate from my initial filing date. I've been awarded 30%, 30%, 30%, 20% and 10%. I still have some claims that have not been rated. I also have medical evidence supporting the increase of one of the 30% awards to 60%. I'm still going to get everything filed and rated. I'm not going to relax or be satisfied until all of my claims are properly evaluated. I'm having a hard time getting excited about this. 1) Berta provides great guidance and advice. 2) Read your Rating Decision over real good. Chance are that they already increased one of your SC'd conditions high enough to fall into the criteria for 38 CFR 4.16 (a). 3) What issue/s do you feel remain to be "properly evaluated" for you to be "satisfied" ? 4) Go on and get excited - it's allowed ! Congrats and spend wisely Link to comment Share on other sites More sharing options...
Berta Posted September 24, 2011 Share Posted September 24, 2011 "I'm having a hard time getting excited about this." I sure know that feeling. Every award I ever got made me angry and depressed because the veteran-who should have received those awards in his lifetime,not me, is dead. "Perhaps some day I'll be able to help a vet the way many of you have helped me." You just DID help other veterans. Vet reps are still probably telling vets that they cannot attain TDIU if their rating is less then 70%. It simply isnt true. I tested this many years ago (with my husband's claim that I continued after death) and with another vet I heard about via a friend of mine. The TDIU form 21 8940 contains nothing whatsoever regarding any SC % a vet must have before the VA will consider TDUI. The 70% SC criteria is for the VA but I found nothing regarding a claimant being held to that percent. The other vet ,my friend told me, had PTSD diagnosis and many years of private treatment records. No SC and no VA file. He also had received SSDI solely for PTSD. I sent him the TDIU form and told him what to attach to it. 4 months later he was awarded TDIU. 4 months. The decision should make a statement that they considered you for SMC. If they have the medical evidence that the 30% should be 60% -that could garner you the SMC S award. I think VA snookers many 100% and TDIU vets out of a proper SMC consideration. GREAT News John=try to relax a little and enjoy this victory! Link to comment Share on other sites More sharing options...
Berta Posted September 24, 2011 Share Posted September 24, 2011 ooops I might have misunderstood. The 100% or TDIU is for increase in one of the 30% but you have a separate independent SC rated at 30 that should be 60% (by medical evidence)? Is that what you meant? That independent SC disability-if raised to 60 would fulfill the (100% or TDIU) plus 60 SC criteria for the SMC S award. Link to comment Share on other sites More sharing options...
Recommended Posts