100% Iu P&t Awarded Effective Date Of Iu? - CUE Clear and Unmistakable Error - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Read the LatestSearch | Rules | View All Forums
VA Disability Articles | Chats and Other Events |  Donate  | Blogs | New Users

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

100% Iu P&t Awarded Effective Date Of Iu?

Rate this question


DC2NAVY

Question

Hello everybody, I have a question and I will get straight to it. Service connected since the day I got out

1OCT2004. For servical spine injury and for both hands all at minuium 10% ratings and one for a scar on hand

at 0% rated @ 30% total. Got into VOC REHAB in 2007. Laid off in 2011 april, and was going thur divorce of 12

years, seperation from my dependents, school was lacking, i knew and was told i had issues and wasnt the same

person i was before service. 1997-2004. Sometime in May of 2011 I went to the FT Wayne, IN Va mental health

clinc with no appointment. I just showed up one day found myself there I guess. And went and poured it all out

basically my in service exeperinces, how i destoryed my marriage over it, etc etc. I left that day with meds in hand

and started getting treatment at the local VA for mental health. In July of 2011 I filed for SSDI online, I was

deemed unemployable by VOC Rehab and put into the IDLAP program and even had a walk thur of my home

from the Lady that ran the program. They asked me my hobbies and what I liked to do, I was giving a laptop, and

printer all by Dec of 2011. Was awarded ssdi in like 28 days from online site. Only submitted VA-Military records

to them. When I filled my claim with the VA for PTSD I was 30% and on SSDI for service connected items only.

County Ser Rep & myself submitted copies of my SSDI to the VA around this time or shortly after. Sep 2013

awarded 30% combat related PTSD i filled NOD Same month. Long wait in June 2014 called American Legioin

and they recommended a hearing so I went for it. I went to the FED building in INDY. I sat across from a lady

Directly invovled with my claim I guess. I asked simply ( What is taking so long?)with my claim?

I have been awarded SSDI in AUG of 2011 Deemed Unemployable since, VOC Rehab to IDLAP, not worked

since April of 2011. She said i understand give me 30 days. And I think you will be at 100%. Well within 35 days i

got an SOC giving me a new rating of PTSD at 70% and the reason states that it was way more disabling then

reported during their initial evaluation. Due to SSDI and their is a clear mark in impairment due to PTSD. And

Voc REhab records indicate etc etc...Clearly going back to AUG 2011..They made right and awarded 70% to AUG

of 2011.. I agreed with the SOC and did nothing for 60 days and then 26k hit my account and I got the award

with IU finally attacthed for the first time. Not just Voc Rehab paper work or dependent paperwork. I filled the IU in

AUG of 2014 and just over this last weekend my ebenies updated showing me commisary, ab8 and today a back

pay amount showed up. Only adding up to IU file date of AUG 2014.. They went back in time and awarded me

70% from AUG 2011 and finally I met the minium requirments for IU. I had told them for 3 years about SSDI on

inital 30% rating they ignrored all evidence of SSDI and VOC REHAB. And made that clear in this 70% awarded

letter. Did I do something wrong or do I have a leg to stand on. Or is it truly the date you file for IU? Not there fault

or am I wrong? I dont want to file a NOD on this at all..I just have an issue with the EED of IU? Everything as far

as I can tell, points to AUG of 2011.. Claim date of PTSD, AWARD month of SSDI and VOC Rehab deemed

unemployable transfred to IDLAP program. And in AUG of 2014 awarded 70% back paid to AUG of 2011. Please

any responses are apperciated. And is this the right place is this a CUE

Edited by DC2NAVY
Link to comment
Share on other sites

  • Answers 29
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
  • Moderator

Your effective date will be the later of the date you applied, or the facts found, which is the date the doc said you are unemployable due to SC condiitions.

Have you ordered your Cfile? You have to see what is written there, and what the doc says. Dont trust your memory, you may not remember what the doc wrote, or, your evidence may not even be in your cfile.

Link to comment
Share on other sites

  • 0

Your right on my memory, but I know i was deemed unemployable by SSDI and could not work since AUG 2011

and havent since then. And VoC Rehab records indicate. I just think they ignored those facts and when they

awarded 70% and back paid to Aug of 2011 admitted it themselves. What is the Cfile and how would one order this?

Link to comment
Share on other sites

  • 0

Was Diganosed with Depression, Anxiety, Chronic sleep impairment in May of 2011 at VA. Seeked treatment

with VA Filedfor SSDI in late july of 2011, awarded in Aug of 2011. Filled Va Claim in AUG of 2011 for PTSD

was awarded 30% in Sept of 2013. Filed NOD they never looked at Voc Rehab Records and or SSDI

according to the 30% award letter and evidence reviewed. The NOD stated

member is on SSDI based only and soley on VA treatment and Military records only. And we mentioned VOC

Rehab again. In 2014 I was awarded and back date paid 70% to Aug of 2011 and then they infred IU finally

and sent me paperwork I recieved in AUG 2014 dated AUG 2011...So when did I become eligble for IU? Is

this a CUE on there part? Over looking clear evidence?

Edited by DC2NAVY
Link to comment
Share on other sites

  • 0

Got an award letter in hand and IU inferd by them sending me paperwork for it, attached to my 70% rating

increase in AUG of 2014 backdated to AUG of 2011 saying due to SSDI and VOC Rehab records my

condition was more disabling then reflected in there intial findings. When Did I become eligible for IU in AUG

of 2011 or Aug of 2014?

Edited by DC2NAVY
Link to comment
Share on other sites

  • 0

They owe you retro from 2011. Although you were only 30% at that time you were considered unemployable at that same time. They should have either raised your ratings at that time to 70% (which they eventually did in this rating) to makes you automatically eligible for tdiu (especially if mental health pads) OR submitted your appeal for early effective date to the director of comp and pension for extraschedular consideration. The are trying to now cover their rear by passing you with the 70% award. APPEAL the effective date under the theory of 38cfr 4. 16 (b) and ask for extraschedular consideration for that time period you were 30% but unemployable.

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