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Did I Screw Up?


Cavman

Question

Rated 50% SC PTSD

Doc stated serious impairment to social and employment, suicidal ideation, mood disorder etc etc etc. Unemployed since 2004 and gaf rating of 48. Was sent IU form with rating letter.

Immediately appealed for 100% and returned IU form along with letters from wife, mother, sister and myself. Also independent doctor`s letter stating I was severe PTSD, totally & permanently disabled and unable to ever work again. Gave me a gaf score of 40. A very reputable doctor.

My question is did I screw up sending back the IU form they sent me because I don`t have at least a 60% disability rating? I was told by someone today I`ll be denied because of that. I have heard of people getting 100% rated with an appeal while being less than 60%.

Cavman

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Cavman,

If you're unable to work due to your service-connected disabilities, you did not screw up by submitting the IU form.

My guess is that since you do not meet the schedular requirements of IU, the VA will try to see if they can raise you to 70% and then award IU on that basis. That's probably why the VA sent you the IU form along with the rating. Also, since you submitted the IU form within the one year appeals period and if the VA grants IU, then your effective date of the IU should be the original date of the claim.

Vike 17

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Cavman- I replied to something like this yesterday-

There is no requirement that a veteran have a specific rating to be considered for TDIU.

And by filing the form , you protect the EED =the earliest entitlement date.

However some vets who get a TDIU award are able to NOD the EED and call VA's attention to evidence prior to this date that puts them into TDIU criteria.

I always use my husband's case as example.

He filed for TDIU in 1992. HAd claim for higher % since 1991. He was 30% SC PTSD.

In 1997 , over 3 years after his death, VA awarded posthumous 100% SC P & T for PTSD.

They based this on his psychiatric records and gave a EED of Nov 1991.

They got the EED date from his SSA award for PTSD-the last day he worked.

When the VA awards any vet TDIU- the vet should check and see if the VA gave them the proper retro.

If the evidence shows earlier effective date is warranted, they should NOD the TDIU date in the decision.

Edited by Berta (see edit history)
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Cavman- I replied to something like this yesterday-

There is no requirement that a veteran have a specific rating to be considered for TDIU.

And by filing the form , you protect the EED =the earliest entitlement date.

However some vets who get a TDIU award are able to NOD the EED and call VA's attention to evidence prior to this date that puts them into TDIU criteria.

I always use my husband's case as example.

He filed for TDIU in 1992. HAd claim for higher % since 1991. He was 30% SC PTSD.

In 1997 , over 3 years after his death, VA awarded posthumous 100% SC P & T for PTSD.

They based this on his psychiatric records and gave a EED of Nov 1991.

They got the EED date from his SSA award for PTSD-the last day he worked.

When the VA awards any vet TDIU- the vet should check and see if the VA gave them the proper retro.

If the evidence shows earlier effective date is warranted, they should NOD the TDIU date in the decision.

The VA SO may tell you that you don't qualify, they told me that one day on the phone. A SO told me that you didn't get IU because your not rated high enough for IU. I told I was entitled to IU because I couldn't work due to SC disability, he asked me what makes you think you deserve IU, and what law says that you qualify??? I told him that since I was unable to hold a substantialy gainful job the 38 CFR 4.16 states that I can be considered for IU extra schedular...it made him so mad he couldn't respond intelligently for the remaining, one sided conversation, since they are not used to veterans being aware of the law.

Copy the 38 CFR 4.16 I think, and other BVA court decisions pertaining to your specifics and send a copy of it to them if they turn you down on that basis.

BoonDoc

Edited by BoonDoc (see edit history)
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Thank all of you so very much. What a great find when a veteran finds this site and all of you great people. By the way, I do get SSD right now for my cancer & back. Would this have anything to do with my appeal rating? I wouldn`t think this could have a bearing on the decision.

Cavman

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The VA SO may tell you that you don't qualify, they told me that one day on the phone. A SO told me that you didn't get IU because your not rated high enough for IU. I told I was entitled to IU because I couldn't work due to SC disability, he asked me what makes you think you deserve IU, and what law says that you qualify??? I told him that since I was unable to hold a substantialy gainful job the 38 CFR 4.16 states that I can be considered for IU extra schedular...it made him so mad he couldn't respond intelligently for the remaining, one sided conversation, since they are not used to veterans being aware of the law.

Copy the 38 CFR 4.16 I think, and other BVA court decisions pertaining to your specifics and send a copy of it to them if they turn you down on that basis.

BoonDoc

My SO was absolutely no damn help. Since finding this site I don`t need him at all and am not involving him in my appeal. Do you think I should let the VA know I don`t use his service anymore?

Cavman

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My SO was absolutely no damn help. Since finding this site I don`t need him at all and am not involving him in my appeal. Do you think I should let the VA know I don`t use his service anymore?

Cavman

I don't use my SO for the most part, and haven't told the VA anything. I research and then send in what I want and send a copy to my SO for my file at his office.

It's hard to wait out the VA while they're working a claim.

BoonDoc

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jstacy, do you think I should do that or just forget about him? I have emailed him many times, but he has never returned but 1 answer in almost a year. Can not letting him know what I am doing affect my appeal in anyway? Does the VA care either way if you have a SO or not? Do you think I should make copies of everything I`ve sent into the RO for my appeal? He won`t do anything. He never even remembers who I am the couple times I have been able to get him on the phone.

Cavman

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Cavman I just went back and reread your post. I nearly fell out of my chair, Maybe its a good omen. The only difference I can find is ( they sent you an iu form) and I down loaded one off hadit that berta posted.

Your iu claim proably has more legs since the ro sent you yours.

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Cavman- I replied to something like this yesterday-

There is no requirement that a veteran have a specific rating to be considered for TDIU.

And by filing the form , you protect the EED =the earliest entitlement date.

However some vets who get a TDIU award are able to NOD the EED and call VA's attention to evidence prior to this date that puts them into TDIU criteria.

I always use my husband's case as example.

He filed for TDIU in 1992. HAd claim for higher % since 1991. He was 30% SC PTSD.

In 1997 , over 3 years after his death, VA awarded posthumous 100% SC P & T for PTSD.

They based this on his psychiatric records and gave a EED of Nov 1991.

They got the EED date from his SSA award for PTSD-the last day he worked.

When the VA awards any vet TDIU- the vet should check and see if the VA gave them the proper retro.

If the evidence shows earlier effective date is warranted, they should NOD the TDIU date in the decision.

Berta,

I am in a similar situation. And I wanted to confirm something. When they gave EED of Nov 1991, this was the date that he last worked and not the date that of your claim for increased compensation that you filed in 1991? I claimed that my husband has not worked since 1997 and I requested retro back to this date based on the fact that this was the date that SSA approved. What I did on our initiial claim dated dec.2005 concerns me because this could hold up our claim because of the retro and we are in financial need now.

Brandy

Edited by Brandy (see edit history)
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Cavman- I replied to something like this yesterday-

There is no requirement that a veteran have a specific rating to be considered for TDIU.

And by filing the form , you protect the EED =the earliest entitlement date.

However some vets who get a TDIU award are able to NOD the EED and call VA's attention to evidence prior to this date that puts them into TDIU criteria.

I always use my husband's case as example.

He filed for TDIU in 1992. HAd claim for higher % since 1991. He was 30% SC PTSD.

In 1997 , over 3 years after his death, VA awarded posthumous 100% SC P & T for PTSD.

They based this on his psychiatric records and gave a EED of Nov 1991.

They got the EED date from his SSA award for PTSD-the last day he worked.

When the VA awards any vet TDIU- the vet should check and see if the VA gave them the proper retro.

If the evidence shows earlier effective date is warranted, they should NOD the TDIU date in the decision.

Berta,

I am in a similar situation. And I wanted to confirm something. When they gave EED of Nov 1991, this was the date that he last worked and not the date that of your claim for increased compensation that you filed in 1991? I claimed that my husband has not worked since 1997 and I requested retro back to this date based on the fact that this was the date that SSA approved. What I did on our initiial claim dated dec.2005 concerns me because this could hold up our claim because of the retro and we are in financial need now.

Brandy

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  • HadIt.com Elder
My SO was absolutely no damn help. Since finding this site I don`t need him at all and am not involving him in my appeal. Do you think I should let the VA know I don`t use his service anymore?

Cavman

If you are receiving SSD, then, by law, the VA has to go along with the SSA as to their findings of total disability. You do not receive SSD unless you are totally disabled. You need to let the VA know about your SSD. Send them your "award" letter from the SSA ( and your medical file that the SSA used to determine your disability, usually the state voc-rehab does the "Disability Determination" for the SSA ). Find that file.

I can't seem to remember the ruling vis a vis the VA having to go along with the SSA. Maybe someone here has it handy?

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jstacy, do you think I should do that or just forget about him? I have emailed him many times, but he has never returned but 1 answer in almost a year. Can not letting him know what I am doing affect my appeal in anyway? Does the VA care either way if you have a SO or not? Do you think I should make copies of everything I`ve sent into the RO for my appeal? He won`t do anything. He never even remembers who I am the couple times I have been able to get him on the phone.

Cavman

Terminate the POA. These people can act on your behalf and really mess you up.

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If you are receiving SSD, then, by law, the VA has to go along with the SSA as to their findings of total disability. You do not receive SSD unless you are totally disabled. You need to let the VA know about your SSD. Send them your "award" letter from the SSA ( and your medical file that the SSA used to determine your disability, usually the state voc-rehab does the "Disability Determination" for the SSA ). Find that file.

I can't seem to remember the ruling vis a vis the VA having to go along with the SSA. Maybe someone here has it handy?

LarryJ:

My SSD is for cancer & herniated disc. It has nothing to do with my PTSD.

Cavman

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Terminate the POA. These people can act on your behalf and really mess you up.

jstacy:

Can I terminate my SO by email or do I have to send a letter? Should I let VA RO know not to keep him up to date regarding any of my claims etc.?

Cavman

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Brandy -They gave the 1991 retro date because he filed the claim in 1991, for increased rating but he didnt file the TDIU claim until 1992.

The award was back to the last date he worked.He had filed his VA claim probably the same time- I cannot remember.He already had 30% SC rating.

It was not a TDIU award-they never mentioned even receiving his TDIU form- it was for 100% SC P & T.

The VA usually sticks to the date the claim was filed.But they specifically said in the award that this date was determined by the SSA and that his psychiatrist supported this also with a medical opinion.

Larry- I have used WAshington V Derwinski in the past to support the relevance of SSA findings.

This is an old COVA case and I would have to dig out 1991 VBMs to find more-

however that fact that the TDIU form asks if the veteran receives disability benefits shows, as well as Murincsak V Derwinski-and other cases at the CAVC shows that SSA determinations can be very relevant to SC awards.

It is part of Duty to Assist regs to obtain relevant SSA records.

I was reading a case at CAVC where the vet claimed the VA erred by not getting his SSA records. But the fact was- those records involved something completely removed from his service-and were not relevant.

In any case where the vet gets SSA for the same disability they claim service connection for, those records should be obtained by the VA-as they will contain an IMO- a medical opinion independent of the VA, that supports unemployability due to service connection.

SSA awards for the same claimed condition are bonafide, probative and relevant records to support TDIU or 100% SC rating.

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jstacy:

Can I terminate my SO by email or do I have to send a letter? Should I let VA RO know not to keep him up to date regarding any of my claims etc.?

Cavman

Cavman, try this one out: http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

Type a letter to the Ro and tell them you are terminating the POA from the representative. Keep a copy.

If at the BVA, you have to ask them for permission to do so.

Edited by jstacy (see edit history)
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Maybe someone can answer my question. I have done everything on my husbands claim(s) to the VA. I also call the 800# for updates. The problem is they always ask to talk with him to confirm that they can talk with me. I have a power of attorney with the VA for medical purposes but this is a different poa than what they want apparently. One time I mentioned to them that I had a poa and they said "oh so your husband is incompetent? I said no he is not! I did some checking into this and I understand there are different poa's and there is one type is for a one time only, like for only one claim. I would like to able to handle this without bothering my husband. He obviously knows everything I am doing but he does not understand the language of the VA nor does he care to.

Can anyone tell me how I can be the representative for my husband in the VA's terms?

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