tdiu Question About Tdiu

[midnight340]

When I filed my original claim I was also advised to apply for TDIU (I am 65). I was denied SC so of course the TDIU was not considered.

My claim was re-opened with a request for reconsideration. It has now moved to "preparation for decision" but in the re-opened claim they are not considering the TDIU (according to ebenefits and my VSO)

My VSO says that I would not want to send anything in now... which I of course agree with, but that once I am SC'd I can then ask for TDIU. They tell me that the effective date for the TDIU will be whenever I can again ask for it (after SC is granted) and that the original request has nothing to do with it.

Is this correct?? That any retro, if granted TDIU, will only be back to when I reapply in a few months (or whenever)???

My VSO also tells me that it is not true that they will consider TDIU automatically since I am 65. ( I believe I have read otherwise on hadit...)

(I was granted 70% non-SC for pension purposes)

Edited June 4, 2012 by midnight340

[Philip Rogers]

midnight340 - you're getting excellent advice here and, as always, Berta is right-on target. A suggestion from me would be that you send the VA a letter clarifying your "reopening" your claim. I suggest you advise them that your request for reconsideration/reopening was actually meant to be a Notice-of-Disagreement (NOD) with their decision dated "insert date" and a request, additionally, for a reconsideration, w/additional evidence enclosed. None of this should slow down the process but will ensure you the actual original claim date is used, when they make their decision.

By the VA listing it as a reopened claim, you lose the original claim date. jmo

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[Berta]

THANKS Philip because as usual you too on Right on Target.!!!!!

The Reconsideration request does NOT stop the NOD clock and we have lots of info here on that.

I have seen claims saved ,(that could have lost as to the best EED, in BVA decisions) because the vet rep instead of the vet had written to VA to consider their letter as a formal and timely NOD for the veteran ,if the reconsideration request did not result in a proper resolve of the issue.

On my Reconsideration request for my CUE claims I sent the NOD in within days of the NOD deadline.

It 'appeared' at first that the VA from their responses to me, was actually working on my reconsideration request but they really weren't.

Some of their responses then became ludicrous and they even tried to make up some regulation,hoping to piss away my NOD deadline.

In this situation here,with stressors as the issue, you are so right because the reconsideration request might only have VA accept the TAD orders as to where the incident occurred but deny if there is still no valid proof of the actual stressor and valid proof might not be found within the NOD deadline.

Midnight340 can you scan and attach here (Cover your name , C file number etc) the VA's Reasons and Bases for the denial?

If it is a question of getting corroboration from a buddy or if JSRRC said they could not verify the stressor, none of that evidence might appear fast enough for them to reconsider this claim properly within the NOD filing time frame.

[midnight340]

Berta and Philip:

I have questions... below and other, but I struggle with getting things organized clearly, and with understanding which pieces are priority and/or relevant. If I am not clear about something please ask further.

I am trying to understand all this.

I will scan and post the details of the Decision here later today. (and I will try again to see if I can get a buddy letter.) I have written JSRRC (10 days ago or so) for more details on the stressor incidents.

For now, this is how Ebenefits has the claim(s) listed:

02/18/2011

Compensation and Pension

2/8/2012 Appeal is Possible

Decision Notification Sent

Development Letter Sent

View Board of Veterans’ Appeals Status

Claim Received: 02/18/2011
Claim Type: Compensation and Pension
Claim Closed: 02/08/2012

Contentions: PTSD (New), anxiety (New), anger control issues (New), depression (New), chronic back problems with spasms (New), non service connected pension (New), sleep disorder (New), individual unemployability (New)

03/19/2012

Compensation

Preparation for Decision

View Required Evidence

Claim Received: 03/19/2012
Claim Type: Compensation
Estimated Claim Completion Date: 11/10/2012 to 08/05/2013

Contentions: PTSD (Reopen)

Does this indicate that they are considering it a new claim? Will I lose my initial date this way? I don't want that to happen.

The Decision was made in February 2012, and I understood from VSO that I was to try the reconsideration path first, then if that did not work, to file a NOD prior to the year being up. Am I wrong about this?

If it is ready for a decision to be made, wouldn't it be bad to send anything at this time?

(note: I do not see a request for TDIU under evidence received for original claim on ebenefits. My originial VSO was supposed to have sent that in for me, but maybe he did not... )

Edited June 5, 2012 by midnight340

[Berta]

"The Decision was made in February 2012, and I understood from VSO that I was to try the reconsideration path first, then if that did not work, to file a NOD prior to the year being up. Am I wrong about this?"

No= you and the VSO are correct.

“If it is ready for a decision to be made, wouldn't it be bad to send anything at this time?”

That is a hard guess for me to make. Us widows aren't allowed to use ebenefits and I hesitate to

think,if ebenefits says a decision is being prepared, do they mean 'soon' ?

Others will chime in here on that.

“(note: I do not see a request for TDIU under evidence received for original claim on ebenefits. My originial VSO was supposed to have sent that in for me, but maybe he did not... ) “ Geez I hope he did send in the 21-8940 form as that preserves your EED (Earliest effective date) for TDIU if they award.

Philip questioned this:

Contentions: PTSD (Reopen)

And this should be corrected by the VA because you could lose the proper EED,which should still be the day of the claim.

“ (and I will try again to see if I can get a buddy letter.) I have written JSRRC (10 days ago or so) for more details on the stressor incidents. “

I sure commend you for be willing to do that.

One thing is for sure -being proactive is often the best way to succeed.

[midnight340]

"Contentions: PTSD (Reopen)

And this should be corrected by the VA because you could lose the proper EED,which should still be the day of the claim."

I am still trying to understand.... are you saying that they should not consider it a "reopened" claim, but that they are still working on the same claim even after they have made a decision??? Or something different than what I am saying?

And HOW would it be "corrected" and who would do this, etc.???

[Philip Rogers]

A reopened claim is basically considered a new claim. I don't use ebenefits so I'm not sure what they mean by what's posted. If they say it's a reopened claim you lose your original claim date. You need to write them and get it corrected. jmo

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