Appeal

[Landluver]

I first filed a unemployabilty claim which was denied. Then vso recomended I file for increase in comp which was approved 6 months later. My question is I belive the denial of unemployabilty was wrong and should have been appealed. I think that with the claim the original unemployabilty claim was reopened which would resulting somewhere around 18,000.$ in back pay.

Should I now appeal the unemployabilty claim, or be glad I'm now 100% t&p?

Thanks Al

[Landluver]

I thank you guys for all the input! I belive I will just let the sleeping dog lye. The money lost is far out weighed by the gain of peace of mind.

I will try to get the design letters togeather and post though if you wish just for discussion purpose.

Thanks a lot

Al

[stillhere]

If you are now 100% T&P for the same issues that you filed for IU then YES I would appeal for the EED!

Stillhere

[brokensoldier244th]

If you open it up again, they can examine whatever they want in the process. Keep that in mind.

[Landluver]

If you open it up again, they can examine whatever they want in the process. Keep that in mind.

If you open it up again, they can examine whatever they want in the process. Keep that in mind.

Ok if they looked only at one of many issues that I'm rated for, would that fact alone be enough reason to appeal? Are they not to look at the whole picture which had me rated @ 90%? The main ratings are 50% low back, 70% nuts! with tinnitus 10, migraines was 10, now 30%. I really don't want to take the chance that going through a bunch of c&p would result in a reduction in my rating. The low back and mental health issues should have been enough alone.

Thoughts?

[Berta]

Have you applied for SSDI?

A vet can receive both SSDI and VA comp at the same time.

If the medical evidence they had, warranted a TDIU or 100% P & T rating when they denied the TDIU, YES I would go for the better EED!

Do you still have time to file a NOD on that TDIU denial decision?

If not ,you could instead file a CUE claim on the past denial.

I have a claim pending on that same basis.

I filed a CUE request during the appeal period but then filed the NOD in time and also filed for a NOD extension because the award letter was legally incorrect as to the EED.

Either way- NOD or CUE, you need to do what I did:

I sent them copies of everything they had ,that they ignored when they determined the EED.

The decision was long and the evidence list was quite extensive too but they forgot to list anything that warranted a better EED.on one specific part of the claim.

One piece of evidence I had came from a former VA secretary....clearly stating the veteran had been 100% P & T for almost 2 years, yet VA awarded only 6 months retro. The letter was sent to my husband in his lifetime.20 years ago, regarding something else. I save everything and ,like all the other evidence they had, it was Golden.....so they ignored it thinking I would accept the 6 months retro and go away.

Every other single piece of evidence I sent them again could stand on it's own to support my position on the CUE.

They violated 38 CFR 4.6.

Edited March 18, 2014 by Berta

[Landluver]

Berta,

Yes I'm recieveing ssdi, and vet benifits @ 100%. I do have untill May I belive to file the nod. They based the denial only on the 50% low back problems which is the reason I'm not employed now. They ignored the 70% depression with anxiety disorder which makes work life nearly impossible due to the fact when I'm not able to do the tasks expected of the job by anyone else because of my back, I become a real ass, and lose controll of myself. The anxiety and anger issues are exposed and acted out.

I did quit my last job due this, that's when I applied for the unemployabilty the second time. I had applied about six months prior and was denied because I was working full time. Albeit under severe restrictions that continued after second back surgery.

I think all they looked at was the fact I had a back problem without regards to the fact that continued employment would result in more damage to my back, and that the depression issues would likely result in me not keeping any job for any length of time.

Should I try to run this through my vso who suggested I let the unemployity sit and apply for full benifits by requesting a increase due migrain headaches. Result increase of 20% which got me the 100% rating ?

Al