30% To 70% Question

[mojo13]

I files claim back on 8/30/10 effective date for PSTD and was granted 30% on 3/7/2011. On 3/23/2011 I sent a NOD to RO indicating my support of a higher rating witch was received by RO on 3/24/2011. On 12/14/2013 was granted an increase of 40% too 70% up from 30% and now rated at 70%..My question is this they are only giving me my reto from my last C&P which was 9/9/2013 4 months. My effective date was 8/30/10 and NOD dated 3/23/11. I have been fighting this increase for close too two years, showed them by med evidence that my PSTD has gone hay wire why did they only grant me 4 months retro instead of reto from 8/30/2010 from which I first claimed

[Berta]

You might want to consider getting an IMO with some of the retro ,if you strongly believe you should have a better EED.

With that IMO, you could possibly even ask or a DRO hearing.......the SOC will tell you and us more....

Z1M10 gave good advise and stillhere asked a good question.......

Are you still working and if not, did they defer TDIU and send you a 21-8940 form?

[john999]

This is similar to what happened to you: I filed for an increase in 1995. It was denied based mostly on a bad C&P exam. I appealed to the BVA and they remanded it to get a new exam. This all took years. I got a new exam in 2000 and was still denied. Then in 2002 I submitted some new evidence and was granted 70% up from 30%. My ED became 2002 for the 70%. My claim was on appeal since 1995. Was that proper? The VA plays with these effective dates. In seven years I could have become worse which I did but no staged rating. I was 30% one day and 70% the next. AskNod talks about this and says you have to ask for staged ratings in these long, drawn-out appeals.

John

[mojo13]

Berta not working and they did not grant me IU No form 21-8940

[Berta]

If the VA knew you were not employed, they should have deferred TDIU consideration in the decision and sent you the TDIU form

..... M21-1MR, Part IV, Subpart ii, Chapter 2, Section F

www.warms.vba.va.gov/regs/38CFR/BOOKC/PART4/S4_16.DOC

Did they give you any reason they didn't?

Here is the TDIU form:

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

[mags1023]

Mojo: your case is getting pretty complicated and having all of your ducks in a row will be very important. The VA will use anything they can against you. If you are doing this on your own, you may now want to go to your local VSO. Not sure where you live, but you should have county veterans reps that you can search google for and get their number. Other than that, there is the American Legion, DAV, VFW and AMVETS that have people who will help, but you never know how competent they are. Let us know where you are at and maybe someone on here has worked with someone in your area.

[Vync]

Congratulations on your win.

Be sure the VAMC doesn't try to charge you for any co-pays going forward. As of your effective date where you were >= 50% combined rating, they cannot charge you any co-pays and should refund any as of that date.