Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Awarded 70%

Rate this question


Navy007

Question

Hello everyone, This site has really helped me understand the VA process and different ways they like to deny. First off I served 8 years active duty, I have been 30% since I left active duty in

Sep of 2004. My ratings were 10% left index finger 10% right hand, 10% Cervical Spine Classifacation all low balled and I never seeked higher ratings. Until Aug 0f 2011 after several years of

depression and feelings of Anxiety etc, I filled a claim for PTSD after several appointments and being told this was the condition. I also applied for SSDI at roughly the same time I filled a claim

with the VA. I was approved 23 days letter for SSDI with the wounded warrior expedited process...In Sep 2012 I was awarded 30% PTSD and filled an NOD submitted SSDI paperwork again

and Just last month JUNE 24 received a SOC ( Statement of CASE) PTSD currently at 30% is increased to 70% it says the effective date is AUG 2011 it says in light of SSDI and I was in Voc

Rehab and was deemed no longer Employable with them all this was the same in AUG of 2011 I guess they just ignored these facts until last month.. My question is since I was awarded 70%

PTSD effective AUG 2011 initial claim, I am submitting a claim for TDIU this month July 30th, which I would have done once I got my percentage rating years ago..I have not worked since April

of 2011 which was 4 months before filling a PTSD claim and SSDI. I will file for TDIU but was curious on the effective DATE of this claim. The VA received Notice I was on SSDI way back in

AUG of 2011 or September. I went to my County Service Rep and said hey we have a claim in for PTSD and I was awarded SSDI based on Service record and VA treatment records. I was

waiting for TDIU to meet the % requirements and well it looks like I meant them back in AUG of 2011 but just found out about this thur the SOC which by the way TOday is 7/17/2014 how long

till the official award letter shows up...I believe I am 80% overall now. 70% plus 4 different 10% ratings..10% Tinnitus as well.. Thanks for any responses and this Forum and all the Veterans

has been a great help...Thanks for everything

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

Hello everyone, This site has really helped me understand the VA process and different ways they like to deny. First off I served 8 years active duty, I have been 30% since I left active duty in

Sep of 2004. My ratings were 10% left index finger 10% right hand, 10% Cervical Spine Classifacation all low balled and I never seeked higher ratings. Until Aug 0f 2011 after several years of

depression and feelings of Anxiety etc, I filled a claim for PTSD after several appointments and being told this was the condition. I also applied for SSDI at roughly the same time I filled a claim

with the VA. I was approved 23 days letter for SSDI with the wounded warrior expedited process...In Sep 2012 I was awarded 30% PTSD and filled an NOD submitted SSDI paperwork again

and Just last month JUNE 24 received a SOC ( Statement of CASE) PTSD currently at 30% is increased to 70% it says the effective date is AUG 2011 it says in light of SSDI and I was in Voc

Rehab and was deemed no longer Employable with them all this was the same in AUG of 2011 I guess they just ignored these facts until last month.. My question is since I was awarded 70%

PTSD effective AUG 2011 initial claim, I am submitting a claim for TDIU this month July 30th, which I would have done once I got my percentage rating years ago..I have not worked since April

of 2011 which was 4 months before filling a PTSD claim and SSDI. I will file for TDIU but was curious on the effective DATE of this claim. The VA received Notice I was on SSDI way back in

AUG of 2011 or September. I went to my County Service Rep and said hey we have a claim in for PTSD and I was awarded SSDI based on Service record and VA treatment records. I was

waiting for TDIU to meet the % requirements and well it looks like I meant them back in AUG of 2011 but just found out about this thur the SOC which by the way TOday is 7/17/2014 how long

till the official award letter shows up...I believe I am 80% overall now. 70% plus 4 different 10% ratings..10% Tinnitus as well.. Thanks for any responses and this Forum and all the Veterans

has been a great help...Thanks for everything

Great job so far.

I would not do anything further until I received the official rating decision.

I believe the decision might address and consider TDIU in it, and if it wasn't provided the

decision should spell our why not, in the Reasons and Bases Section.

Then you would know what else is needed for you to fully meet the criteria.

If it is not considered and addressed in the rating decision you can still submit a

21-8940 and state this should have been considered and granted on this recent decision

due to SSA and VAMC medical evidence of record.

Link to comment
Share on other sites

  • 0



Carlie is correct. The actual award letter will tell you and us more.

If the VA was aware of the SSDI award solely for PTSD they should have sent you a TDIU form,when they granted the 70%.

I am confused. Are you saying the EED should be prior to the 2011 EED? Due to the SSA award?

You might well gain an additional year of TDIU retro.

My post here in 2009 shows what I mean

"if you get SSA solely for the SC condition and if the VA really obtains your SSA records,and considers them in the decision -you could get a year of additional retro TDIU.

I don't know if they ever pay more than one year this way.

They paid me posthumous award due my husband for one year prior to the TDIU form he sent in (actually they called it 100% P & T and not TDIU award) and they never acknowledged receipt of the TDIU form. I

The EED regs are often written in VAOLA double talk.

The General Counsel Pres Op #12-98 seems to make more sense then the EED regs in 38 USC:

"However, if the facts establish that a veteran's disability increased within one year prior to receipt by VA of the original claim for increased rating, the effective date of the increase is the date on which the increase in disability occurred."



Of course this takes medical evidence to show the disability had increased prior to filing the claim. This is why an SSA award is technically an IMO from a real doctor-and why this can be evidence for the EED prior one year to filing the claim.



In the decision I received ( as an accrued benefit due to me as the surviving spouse) they stated that because SSA had granted for this condition (solely for my husband's PTSD) one year prior to his claim he filed ,they used the SSA date for the EED.

He died in October 1994, SSDI date Nov 1991, VA accrued award award dated 1997, retro to EED from SSDI.Nov 1, 1991.

This was before the General Counsel Pres Op clarified this regulation.

It didnt matter, I had documentation from Voc Rehab,Dept of Labor,EEOC testimony etc etc.too.

But I didnt need it for that claim.

The wording of your decision will indicate if the EED was wrong and the OGC Pres Op is easily accessible at the General COunsel Web site and can be submitted as evidence.

Link to comment
Share on other sites

  • 0

Well I worked in 2011 till April 1st..Had been on FMLA for 3 years out of the 7, I worked at AM General building the Military Humvees on the affirmative action disabled veterans clause

since getting out...It finally proved to be too much missing up to 6 months a year for 3 years was not uncommon for me.. So after a divorce of 12 years, child custody issues, VOC

Rehab failure switched to IDLP, loss of JOB, I seeked help in AUG of 2011... I didn't back date my SSDI to a year prior, I dated it the day I filled it online. I was awarded 23 days later

and didn't receive my first payment until DEC of 2011 about 5 months later. Im just wondering if I do get IU will it all be RETRO To Claim Date of AUG 2011. I filled the NOD on the

30% in Sep of 2012 after 13 months of filling the initial claim. And I made a call to the American Legion Service Rep at the RO fed building in April he said I would request a hearing it

cant hurt. So I did with him on the phone and May 3 I went to a Informal Hearing and talk to the VA across the table and said what is talking so long I have been on SSDI since Aug of

2011 and haven't worked my condition is well documented and etc etc. She looked right at me and said " Give me 30 days and I believe you will be at 100% percent.. After we walked

out the American Legion Rep looked at me and said, "I deal with that lady all the time, and she doesn't say things she doesn't mean!! Today is a day you go home and drink a beer he

said while he patted me on the back......

And about 41 days later I received the SOC ( Statement of CASE) on JUNE 24, 2014 and it mentions this as follows... "WE ORGINALLY ASSIGNED A 30%

EVALUTION FOR SERVICE CONNECTED PTSD. ADDITIONAL EVIDIENCE SHOWS THAT THE CONDITION IS MORE DISABLING THAN REFLECTED IN THAT EVALUTION.

FOR EXAMPLE, SOCIAL SECURITY ADMIN RECORDS SHOW THAT THERE IS MARKED IMPAIRMENT AND A DETERMINTAION THAT YOUR ARE DISABLED DUE TO THE

CONDITION. VOCATIONAL REHABLITATION RECORDS SHOW YOU DISCONTINUED THE PROGRAM DUE TO SYMPTONS OF PTSD AND UPSET IN PERSONAL LIFE.

VAMC OUTPATINET TREATMENT REPORTS SHOW FAIRLY STABLE LEVEL OF IMPAIRMENT WITH REPORTS OF ANXIETY, DEPRESSION, AND HISTORY OF ANGER

OUTBURST. THE EVALUTION OF POST STRESS DISORDER (PTSD) IS INCREASED TO 70% DISABLING EFFECTIVE AUGUST 19, 2011.

Edited by Navy007
Link to comment
Share on other sites

  • 0

Berta,

I am confused. Are you saying the EED should be prior to the 2011 EED? Due to the SSA award?

No I am just wondering if I do File TDIU this month will the go back to AUG 2011 with the Retro. The date I became 70% for PTSD.. I did not back date my SSDI I was unaware and working thur my stuff somewhat.. So TDIU

has never been filled I honestly just found out about this recently...Otherwise I might have filled in AUG of 2011 or at the NOD point in Sep of 2012..I was just unaware and un-informed.

Link to comment
Share on other sites

  • 0

Carlie

Great Advice I was thinking they should Infere me for TDIU, and if they don't I guess they aren't doing their job. But does the award letter take time after receiving the SOC Ive heard it depends on the RO and the workload

Some I have read said a few days later others say a few months... So Ive been waiting almost 36 months as of next month so I guess I can wait a tad longer..

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use