Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Nod For Award Date


DVET

Question

I recently was awarded 50% for Dysthymia but denied the deferred unemployability portion of the claim. I noticed that my VA doctor and the mental health clinic diagnosed me with Dysthymia, Biplolar, Depression, back in 2007. I was denied service connection for Bipolar in 2009, so I filed for depression in Feb. 2011. That's what I was awarded Dysthymia for effective April 2011.

My question is does anyone think I can win at the DRO level an award date of January 2007 instead of April 2011 due to my VA mental health clinic records showing the diagnosis since then. I don't know why they used the date that I filed the latest claim. I thought they would see the Dysthymia in my medical records. Thank you.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

8 answers to this question

Recommended Posts

  • Moderator

Its the famous VARO "1-2-3-4" punch.

First, they delay you. Then, they Deny you. Then they lowball you. Then, they trash you on the effective date.

I call it DDLT.

If you dont fight DDLT every step of the way, then you lose.

Link to comment
Share on other sites

Thank you for your reply's. I received my award letter for the Dysthymia in August. So I did send in an NOD with copies of the diagnosis from my VA records. I read that the benefits should be effective from the date of diagnosis and treatment records or when you file the claim. I hope they accept it. Thanks again, you give me hope.

Link to comment
Share on other sites

  • Moderator

Yes. The effective date is supposed to be the later of the "facts found" or the date you filed the claim.

You mentioned unemployability.

The VA used to give the date they received your 21-8940 as the effective date, but they are not supposed to do that anymore, and that form is no longer requred for TDIU.

I am curious..you said "denied deferred". That does not make sense to me. If your claim is deferred, it has not been decided yet. If it is denied, then it has been decided.

Maybe you meant they deferred it, then later denied it.

This would indicate that they got some negative evidence from somewhere.

When the VA shreds evidence, they often hoodwink you on the effective date, too.

Link to comment
Share on other sites

Sorry, I did mean deferred for unemployabiliy and later denied. I was only awarded Dysthmia in August and deferred on unemployability, which was denied in September 2012. Since it was on the same claim I filed the NOD for an earlier effective date for the Dysthmia. I went back to work in October 2008. I was on disability retirement from Feb 2006-Oct. 2008. I have been submitting claims since Feb 2006 most denied. My claim for unemployability is only for the time frame I was out of work due to a fourth back surgery.

I received ssa disability, but the VA says I am denied because I didn't have one disability that was 60% or the 40% and others totaling 70%. Plus SS mentioned degenerative knee and depression which were not service connected during that time. Plus the fact some appeal for temporary 100% time frame has elapsed.

I am countering that at the time I was 40% and if they award me the Dysthmia earlier as is in their records where SS got the depression from, it's right there, then I would meet the unemployability requirement because that alone would give me 70% at that time. Plus the fact I applied for depression and bipolar and they denied me. Now they want to finally recognize it and awarded it but as Dysthmia. I wax on100% convalescence from March 2006 thru August 2006 and on disability retirement. I knew nothing about unemployability, yet I was being treated in the mental health clinic at this same time and continue to this day.

Sorry it was so long. I feel I got that off my chest though. If you read all I wrote thanks for your time and listening. You people on here are awesome.

Thank you

Link to comment
Share on other sites

  • HadIt.com Elder

Sorry, I did mean deferred for unemployabiliy and later denied. I was only awarded Dysthmia in August and deferred on unemployability, which was denied in September 2012. Since it was on the same claim I filed the NOD for an earlier effective date for the Dysthmia. I went back to work in October 2008. I was on disability retirement from Feb 2006-Oct. 2008. I have been submitting claims since Feb 2006 most denied. My claim for unemployability is only for the time frame I was out of work due to a fourth back surgery.

I received ssa disability, but the VA says I am denied because I didn't have one disability that was 60% or the 40% and others totaling 70%. Plus SS mentioned degenerative knee and depression which were not service connected during that time. Plus the fact some appeal for temporary 100% time frame has elapsed.

I am countering that at the time I was 40% and if they award me the Dysthmia earlier as is in their records where SS got the depression from, it's right there, then I would meet the unemployability requirement because that alone would give me 70% at that time. Plus the fact I applied for depression and bipolar and they denied me. Now they want to finally recognize it and awarded it but as Dysthmia. I wax on100% convalescence from March 2006 thru August 2006 and on disability retirement. I knew nothing about unemployability, yet I was being treated in the mental health clinic at this same time and continue to this day.

Sorry it was so long. I feel I got that off my chest though. If you read all I wrote thanks for your time and listening. You people on here are awesome.

Thank you

The VA routinely denies TDIU by quoting 38 CFR 4.16(a), which they quoted to you. They did the same thing to me over 20 yrs ago. Their goal is to mislead you and get you to give up your claim. I truly believe they do it intentially!!! If you are unable to work due to your SC disabilities then I would mention 38 CFR 4.16(b) and request an extra-schedular rating. jmo

pr

Edited by Philip Rogers (see edit history)
Link to comment
Share on other sites

  • Moderator

There is a difference between unemployed and unemployable. The VA uses the term "substantial gainful employment". It generally means you can maintain a job for a year.

Usually, to be unemployable, you need to have a doc say you are not capable of working. To be unemployed, all you have to do is mess up and get fired, or just plain laid off with a downsizing of your company.

Link to comment
Share on other sites

Thank you Phillip and Broncovet for your reply's. Before retiring on disability in 2/2006 I only had 20% disability. I was awarded 10% for each lower extremity for radicopalthy. I NOD that decision askiing for unemployability and increase for back, and bipolar. Awarded increase from 20% to 40% for back and allowed to keep 10% for each lower extremity for 50%. Informed in 2010 from appeal with SS disability while unemployed fully favorable and granted. I filed current claim with VA for depression and unemployability awarded only 50% Dysthemia. So now I am 80% from 20% I am grateful for that rating from VA but I can't help but think if I knew better I would have received unemployability while I couldn't work back in 2/2006. I did give them Dr. Notes for over a year saying no work, which is why I retired on disability.

I'll let you know what DRO says. At this point I hope they at least at a minimum award the Dysthymia back to 2007.

Thank you so much for your reply's.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines