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Iu Back To 1993 Maybe?

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pkelly4576

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Opinions needed, wanted to give you an update on my husband's claim because you have helped to answer alot of questions in the past.

My husband got his Nehmer award this week retro- 152,000 since 1993. If it were not for the help of all of these message boards and the NVLSP I really believe he would not have gotten anything.

He was granted 100% ffrom Sept 93 till Oct. 94

60% there after No SMC

In 2008 he was granted 70% 50 for PTST, 10 for Tinnituis, 10 for wounds

He was disappointed that he did not get SMC or more years at 100% but at least he got something.

My question to you is he was thinking about applying for IU back to 1993, he did hold a couple of small jobs but was never stayed long because of his PTSD

Any opinions

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You could try to get it back to 93. I've seen a few cases that were granted, but it would also take medical evidence to show why he could not work. Since he was just rated 60% back to then you might have a case... all you can do is try and see what happends.

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  • HadIt.com Elder

You could get his SSA records to see how much he earned since 1993. That would show if he has substantial earnings. So right now his effective date for 60% if 1993. If you file a CUE claim you must show that there was something in his record back in 1963 that indicates he could not work or that work was open to question with his disability. You can't bring in anything new that was not in his record in 1963. This is how I understand it. Either that or show that with the evidence in the record the VA should have considered TDIU but didn't consider it. Also, when he was granted 100% the VA should have considered him for "S" at least. I believe the only way to get IU effective back to 1993 is to file a CUE unless his claim has been open for the last 19 years.

John

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“My question to you is he was thinking about applying for IU back to 1993, he did hold a couple of small jobs but was never stayed long because of his PTSD “

Did he ever formally apply for TDIU before and was denied?

I assume he didnt but needed to ask.

“In 2008 he was granted 70% 50 for PTST, 10 for Tinnituis, 10 for wounds “

With the grant of 70% the VA should have considered him for TDIU and then should have stated why it was not awarded.

Did they?

If he didnt appeal the 70% award letter, that is the decision that could hold a CUE.

But if they did comitt CUE in that decision, I only see any potential retro there that could go back to the date o the claim that generated the 70% decision, with possibly additional year due to SSA award.

What exactly was the SSA award for?

Did he inform VA of the SSA award when he received it?

There is considerable info here on CUE claims in the CUE forum.

That would be the only way here that I foresee more retro.

You could attempt to appeal the Nehmer decision but NVLSP is only backing up EEDs on these claims.

I assume the EED for IHD is correct.

I agree with John that CUE is the only potential way here to gain more retro and it might be very difficult.

The medical evidence must have been established and in VA's possession at time of the alleged CUE decision.

The CUE claim must clearly define the Legal error the VA made and that it was detrimental to the claimant.

It must be filed against a past denied decision.

I explained my CUE in detail in the CUE forum.

It was awarded by the Nehmer people, part awarded under Section 1151 (CVA)and part under AO IHD due to legal error in a 1998 VA decision.It could have all been awarded under 1151, but because of the new AO IHD reg, the IHD part came under that.

You reminded me- I got NO support from my former POA org when I iled the CUE in 2004 and I need to email their lawyer that I won.

tongue.png

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta, he is keeping his options open. Right now we just put in the dependent papers for my 3 children. They were all under 18 back in 1993 and the VA did send dependent papers along with their decision letter. He just handed them in on Wednesday. He had them stamped and I see the claim receive on ebenefits. Two of my three children whet to four years of college, so I don't know if they are entitled to any Educational benefits. My husbands is just thinking out loud for now, he dont want to messed up the dependent paper for now.

As for the answer to your questions He did receive 10% for his PTSD back in 1993, it was not up to 40% until he put in another claim for it back in 2006, granted the 40% more and his woulnd and tinnituis were defered.

In 2008, his was granted 70% and was awadred TD IU and was paid at the 100% rate.

After his 1993 heart attack he was not able to go back to his original job in construction, so for almost 4 years did not work.

He did work in maintenance at a couple of places but never was there more than 2 years because of his PTSD.

He received SSA after he applied in 2007

Like I said he is just thinking out loud for now, he knows that he has 1 year.

Why do you think that he did not receive the SMC.

He is really on his own here, his DAV officer here in Philly is useless. He still has not contacted my husband as to his award. When my husband handed the dependent papers in on Wesnesday he wasked right by him. One time he even ask my husband why are you here??? This was back in June of 2011, I know one thing if it were not for this message aboard and other VA info boards my husband would still be waiting.

That is why I posted the question here...

pkelly

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"Two of my three children whet to four years of college, so I don't know if they are entitled to any Educational benefits."

VA Educational Benefits (DEA /Chapter 35) are contingent on the vet's award including a P & T status of their SC disability.

In many cases those benefits can be retroactive, when a VA 100% P & T or TDIU P & T rating gives a favorable EED.

"In 2008, his was granted 70% and was awadred TD IU and was paid at the 100% rate"

Was that TDIU P & T? (Permanent and Total)

If not did the new Nehmer award state he is P & T and give an EED for the P & T status?

There is considerable info here at hadit under search for DEA for Chapter 35 benefits.

I am Chapter 35er and used the original P & T date for some of my degree and then paid the rest myself as my initial EED for DEA ran out.

In 2010 when VA awarded for DMII AO causing my husband's death, I was able to recoup about 5,6 thousand of retro Chapter 35 with the new award letter and proof of payment from my school.

P & T is the key to not only DEA but also to CHAMPVA. (Civilian Health and Medical Program-VA)

CHAMPVA is excellent.

It is well worth any vet getting retro with TDIU or 100% SC award, but does not have a P & T status, to obtain a medical opinion that reveals their SC will last their lifetime and is totally disabling.

The award letter will state whether DEA had been awarded. I think some of my award letters said CHAMPVA awarded too.

Both must be formally applied for,however, by the dependents.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Forgot to add....

yes he has one year to file a NOD, CUE claims however-no time limit.

I discussed my Nehmer award with my NVLSP contact lawyer and we await something from the VARO to explain the EED they gave me.

As we discussed this -a very unusual statement VA made in the award- I also mentioned I might file CUE claim on something else. A VA decision that is at least 14 years old.

At first the lawyer didnt see my point ,until I mentioned the 1151 aspect and she then said YEAH! as she got my point.

Did your husband discuss with NVLSP at all -any potential CUE issue that the Nehmer award could possibly help support?

Then again NVLSP's prime focus is on the EED and maybe they would sure not want to get into anything beyond the AO award specifics. The discussion I had with NVLSP on potentially filing another CUE claim was probative to my Nehmer award so maybe why I was able to discuss it with them.

The letter I await from VA sort of involves the Watergate scenario-

what did they now and when did they know it.

As I mentioned to the NVLSP lawyer, this is often the same scenario that needs to be fulfilled for CUE claims.

What medical evidence did they know of at time of alleged CUE and when did they know it.

That is what I mean when I say the medical evidence has to have been established,( and documented with VA somewhere iVA's possession ) at time of the decision they made, that could contain CUE.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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