DC2NAVY Posted May 28, 2015 Share Posted May 28, 2015 (edited) 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 June 2, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 28, 2015 Moderator Share Posted May 28, 2015 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 More sharing options...
0 DC2NAVY Posted May 28, 2015 Author Share Posted May 28, 2015 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 More sharing options...
0 DC2NAVY Posted May 29, 2015 Author Share Posted May 29, 2015 (edited) 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 May 29, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 29, 2015 Author Share Posted May 29, 2015 (edited) 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 May 29, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 29, 2015 Author Share Posted May 29, 2015 Was trying to simplify my long story to make it easier to understand. And this is my question as to if there is a CUE to file here.. Thanks for any feed back. Link to comment Share on other sites More sharing options...
0 ketchup56 Posted May 29, 2015 Share Posted May 29, 2015 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 More sharing options...
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DC2NAVY
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 DC2NAVYLink to comment
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