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

[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 June 2, 2015 by DC2NAVY

[ketchup56]

2011 is your date.

[Navy04]

It goes back to when you filed for IU, not what SSDI said.

[DC2NAVY]

im going to try and get with the county service officer, but our's just recently quit or got fired? He was helping me somewhat

thur out the years with all this. Im looking into the best possible way to do this, yes I agree with IU 100% P&T but I do not agree

with the EED of IU. I believe Aug 2011, not even April of 2011 last date worked. I guess they had 3 choices. April of 2011(Last

day worked) Aug 2011 (original claim date turned NOD) Aug 2014 70% PTSD award date IU FILED. And they decided on the IU

date award date of 70%. And i believe the award is worded strongly enough to show they ignored or overlooked clear evidence

of unemployablity and the overall serverity

Edited May 29, 2015 by DC2NAVY

[DC2NAVY]

Navy 04 I filed in AUG 2014 after they sent me an award letter dated back to AUG of 2011 and infered IU I thought IU was

maybe part of that Original Claim. I became eligible for IU in AUG of 2011 according to there very late award of 70% again

awarded to 2011. They invited me to file but only after 3 years of a NOD. Im not sure its just off my file date of IU. This is one of

the least known programs of the VA and this situation is even a little more uncommon. Thats why I ask and appericate your

response. But I have read it both ways for some get ssdi award date for unemployment or original claim that made them

eligable for IU or the file date of IU. Which is what I got. But I think if there is something to file I might just do so.

Edited May 29, 2015 by DC2NAVY

[broncovet]

The date you last worked is irrelevant. Remember, the effective date is the later of the date you applied or the date the doc said you were unemployable due to SC condiitons.

Its possible, or even likely, for you to lose your job, then not apply for IU for a few months.

Right now, you need not concern yourself with Cue. If you dispute the effective date, then file a NOD within a year. The cue standard of review is much higher than a simple NOD, and you dont want to make it harder for yourself than necessary. With Cue, the Veteran is no longer entilted to "benefit of the doubt", so keep that BOD if you can.

YOu send a letter to VA to get your Cfile requesting it. Yes, you need it, for sure, if you are appealing the effective date. The cfile is supposed to be all the evidence in your file, medical and otherwise. Everything. VA loves documentation, and that documentation is always assumed correct, absent a rebuttal. You need to know exactly what it says, or you are driving at night without lights, and you are bound to collide with something.

Edited May 29, 2015 by broncovet

[bassrunnin1]

Here's what I understand although I can be wrong. When you have been previously given a service rating (30%) and get an increase to 70% then the effective date is going to be either the claim was started if within 1 year or when the form was filed. It follows the same logic as an effective claim date for an original claim or claim for increase. So if you were increased on lets say...8/14 at 70% you have 1 year to apply for TDUI. But when you file the TDUI is the effective date. Someone correct me if I am wrong...

http://www.davmembersportal.org/chapters/nc/97/News%20Documents/Chapter%20Service%20Officer%20Documents%20and%20Veterans%20Benefits%20Forms/Training%20Letter%2007%2001%20(TDIU).pdf

This training record states that:

If the veteran submits a VAF 21-8940 as the initial IU claim, receipt of this form will represent a claim for IU and will establish the date of claim.

The code can be found here when you google it...

4.b. Effective Dates for IU Awards - Application of 38 CFR 3.400(o)(2)

Hope this helps...