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

[midnight340]

Berta,

I was able to scan the decision so that you can see the reasoning. This is my first time trying to attach something so I hope it works OK. I included the full 6 pages as I was not sure what parts you'd want to see.

I apologize if they are hard to read... I don't have access to the best scanner, but I think this will work.

VA Decision 2012 low.pdf

Edited June 6, 2012 by midnight340

[Berta]

The decision indicates the claim was received on Feb 18,2011,with a TDIU form received on June 6,2011.

A NSC pension was awarded for PTSD.

The back injury as well as the PTSD claim needs more in service proof.

Here is one of many sites for the USS Franklin Roosevelt that includes crew roster info and probably has a reunion site.

These ship web sites are often an excellent way to find a buddy.

The statements the VA had from family members or others in support of your claim have little value to proving inservice PTSD or the back injury so it is best to focus on attaining at least one strong Buddy statement.

:

http://ussfranklindroosevelt.com/

The Buddy needs to give the VA as much details as possible as to their eye witness account of the stressor you experienced.

They have to tell the VA how their MOS and Unit (should be the same as yours in most cases) put them at the same place, same time as the stressor and ow they witnessed your presence there.

The statement should be notarized although t that isn't required but they should also give the VA their phone number , address and email addy in case VA wants to call them for more info.

They mentioned the Miramar incident but VA might not view this as a stressor unless you were directly part of rescue/recovery operations.

[Berta]

I sure didnt mean to seem to undermine the Miramar incident you witnessed which was horrific.

However other vets with similar claims due to this type of stressor have had problems verifying their inservice relationship to the stressor ::

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/files3/1028681.txt

On Remand for PTSD the BVA decision reads:

“Request that the NAS Miramar verify

whether the Veteran served on the crash

fire and rescue crew at NAS Miramar between

June 1965 and June 1969. Alternatively,

ask the NAS Miramar to opine on whether the

Veteran's personnel records are reflective

of the type of training that would have

been required to be a member of the crash

fire and rescue crew. “

However the BVA details exactly what info the VA (or the veteran needs to obtain from JSRRC.

This above claim is a very good example of exactly what JSRRC needs to know,in order to properly verify the inservice stressor.

In this next BVA decision , granted for PTSD, due to a plane crash,....…. :

“In this regard, during a

hearing at the RO in October 1991, he described an incident

in which he saw a plane crash into a hangar at the Naval Air

Station, Miramar, causing the hangar to burn. This accident

resulted in the death of some people he knew. It is

significant to point out that the USASCRUR verified that in

December 1969, such an accident occurred, essentially just as

the veteran reported it. “

and

“The records confirmed that a disabled F-8

Crusader crashed into a hangar at the Miramar Naval Air

Station in December 1969, and that fourteen people were

killed, and nine others injured. The veteran's name was on

a December 1969 list of members of this squadron. Finally,

it was indicated that the USS Kittyhawk arrived at the Naval

Air Station, Miramar, in September 1969. “ …

The veteran personally knew some of the deceased and this was a very strong stressor.

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp98/files3/9829009.txt

[broncovet]

I think the big problem here is where your decision says something about your

"failure to submit enough evidence to request additional evidence for the JSSRC"

In your appeal, you need to refute that statement, if you can. If the VA thinks you are uncooperative in obtaining your records, then the denial will likely stick.

If you sent in that evidence, but the VA lost it, then that is a different story. But if the VA asks you for information and you dont provide it, that is an easy way for them to deny.

[midnight340]

I had a Hazardous Duty Billet (copies went to VA) and was required to be on deck for landing ops.

One of the crashes I I could not find the exact day in February that it occured, but gave them the plane model, pilot's name, name of another pilot (deceased.)

For the other crash incident I gave them the plane model, squadron, the exact date, the names of four deceased, one survivor's name, I also included my description of the incident, the impact on me, as well as a copy of another persons description (sent to me by fellow hadit member.) I do not know why they say this is not enough information to request more from JSRRC. (I have since done so on my own... but have gotten no response yet.)

Part of my problem with the Miramar incident, is that I have extremely clear memories of the F-8 screaming in to low, too fast, image of the crash, details of the explosion (ejection seats firing through the steel roof, etc), and my awareness of how many guys were just walking into the hanger seconds before. I was a few yards from this, I have flash images of heat, smoke, feeling the blast... but cannot remember anything at all after. I almost completely blocked this out for years... All this is covered in my psychiatrists notes and in my C&P. I basically have no memory of anything else that day.

As for the back injury, I was caught in a jet blast and blown across the deck, would have gone over the side with my tools and things, except my body wrapped around the front strut of a fighter plane on the side elevator. I did not go to sick bay (I didn't trust them for anything!! and I was a "tough" farm kid) . I was in pain and excused (unofficially) from duty for a few days. So no records there and I don't know what else to do about this for now. I am concentrating on the PTSD part of this.

Do you see specific things I should do to strengthen the claim?

Edited June 6, 2012 by midnight340

[Berta]

You sure did the leg work as far as the details go----

Now I think the VA might have lost or overlooked that info you described.

Broncovet is right and I agree- having been a victim of VA's ability to lose stuff too. I would submit all the evidence you mentioned again-and make sure the vet rep either submits it for you or that he himself files a 21-4138 for you in support of it.

It seems to me that JSRRC could have verified the stressor based on this info.But it looks like VA never even attempted to contact JSRRC so it is good that you did and I hope you gave them these details as well.

It might be god to contact JSRRC by phone too ( the number is here at hadit somewhere) to see if they can possibly gie you a status update on the verification request.

T