tdiu Should I Add Citation Notes To A "reconsideration" Before Its Denied?

[sevensees]

Hello veterans.

I stated the whole situation in a different topic, but I figured that this should be a new topic as it pertains to an inferred claim for TDIU. In short, my father was approved at 50% in 2012 for a claim filed in 2006, but has been on SSD since 2003 (I'm helping him with this now). In his NOD for the award, he only stated that he disagrees with the "amounts". So now a year later I'm clarifying that NOD (since they haven't processed it yet) and I'm requesting "reconsideration" for TDIU going back to the original claim, since he's been unable to work due to his SC disability.

I have a strong feeling that they are going to say that since we never mentioned TDIU in the original NOD, and since its even ANOTHER year after that (but still hasn't been processed), he will only be eligible dating back to last week when we first mentioned TDIU.

1. Do you guys feel that since they knew about his SSD (and the VA mentioned it as evidence in his award letter) that it constitutes an inferred claim?

2. I'd hate to throw something in their face before they say no, but we can't wait another 3 years for this stuff. I'd like to get all the BS out of the way, since I know its coming. Should I cite the "Comer vs. Peake" and "Rice vs. Shinseki" cases on this clarification letter (and first actual request for TDIU) BEFORE they deny the reconsideration?

Thank you so much guys, I'm faxing this today.

[Philip Rogers]

Yes, to #1, I agree that it could be an inferred claim for TDIU.

I would on #2.

pr

[rosypalm]

CUE's occur.

[Berta]

"Do you guys feel that since they knew about his SSD (and the VA mentioned it as evidence in his award letter) "

Was the SSDI solely for his SC conditions?

Can you tell us their exact wording when the VA referred to it?

Did they know of the SSDI award IN 2006?

[sevensees]

Yes, he was awarded SSD for depression and anxiety. The va awarded him also for depression (nos, claimed as ptsd) and anxiety (Nos)

When referencing the ssdi in the va award it states: "The SSD records note you were awarded disability benefits for depression and anxiety."

I dont know if they knew of his award for SSD back when it was awarded in 2006.

[sevensees]

Does that information make it definately inferred? Or are there no "definates" with the VA.

[john999]

I think he does have an inferred claim for TDIU. I would bet money the VA will fight it all the way. They will find some way to get out of paying for an inferred claim. My doctor said 40 years ago that I could not work. They VA got out of paying me for it.