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Did I Screw Up?

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Cavman

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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
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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
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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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