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 Navy04 Posted May 29, 2015 Share Posted May 29, 2015 Bronco is on the money, and explained it better then I could. Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 30, 2015 Author Share Posted May 30, 2015 (edited) Thanks for the responses, greatly apperciatied. I thought once you meet the minuium requirements for IU you can file. Thats what I did. Due to the VA's slow slow process, I might not get money I feel I lost out on from AUG of 2011 thur Aug of 2014. Everything in my life leads to AUG of 2011. When I was awarded SSDI based soly on VA and Military records for PTSD and the VA Voc Rehab deemed me unemlolyable the VA's own training emplyable training service all in Aug 2011. I filled my VA Claim for PTSD submitted I was not working due to PTSD and was not in the VA VOC rehab due to it. Took them 3 and a half years and a NOD to get 70% rating back dated to AUG of 2011 saying that they clearly over looked SSDI statements and VA Voc Rehab records and made it all right. So In Aug of last year when the award letter showed up back dated 3 years with a IU attached why does it only go from right then..They are 3 years late getting it to me.? Thats my question who is at fault.? Is it me or them, I did what i had to and filed paperwork and got slow played in the VA system. Edited May 30, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 30, 2015 Author Share Posted May 30, 2015 (edited) BassRunning, I was award on Aug of 2014 for 70% and awarded 3 years of back pay to Aug of 2011. And a IU claim came with the award letter. Which means in Aug of 2011 I was eligble for IU, How do I go back in time to file then? Since I technically met the requirments in AUG 2011 but not being notified until AUG 2014? And statying in the award they made a mistake awarding me a 30% rating in 2013 awarding me only 30% and they misjudged and overlooked SSDI and VA VOC REHAB records. So I believe I should be able to file have my awarded IU attached to the AUG 11 findings. Edited May 30, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 Navy04 Posted May 30, 2015 Share Posted May 30, 2015 I will use myself as an example bud, I was granted 30% PTSD when I was Medically Retired in Feb 13. I submitted a new claim in Nov 13 for a few more claims and an increase for PTSD, recommended by my VA Trauma Docs at the time. Well in Mar 14 was granted 100% Total, and PTSD was increased from 30 to 70%. Well in the PTSD C&P Docs exam notes, it states " Service Member met 70% or greater rating for PTSD at time of Discharged 30% PTSD granted. So basically I could have fought it as that 70% PTSD would have given me 100% back dated to Feb 13, instead of the 80% that I was granted total in Feb 2013. Just not worth the cause, and the VA would have just said that it was the Docs opinion, even though she is a VA Psych Doc for the C&Ps. You get what I am saying. The VA makes mistakes all of the time, but we can not challenge opinions, only official Laws and Policies that the VA violates, and we need official wording to fight them back, not one Doc or another saying that we were worse at one time or another. Other then these exact words, sorry to say that you are just driving in circles my friend. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 30, 2015 Moderator Share Posted May 30, 2015 If your decision was August 2014, you have one year to appeal the effective date. Since you are in the 1 year appeal period, you should take the "easy way out" and timely file a NOD disputing the effective date of your IU, and give your specific reasons why. Filing a Cue would raise the bar for you and make it a higher hurdle for you to clear. This is just 1 vets opinion. You should be preparing your NOD, and citing all the evidence why you think you deserve an EED, reminding you the effective date will be the later of the date you applied, or the date the doc said you were unemployable due to SC conditions. It matters little when you lost your job, what matters is when the doc said you are unemployable due to SC conditions. Here is one example why. You get fired from your job, in August 2011, not because you were unemployable, but because your company laid off all its workers due to budget cuts. Later, in 2013, you go to the doc and he says you are unemployable due to sc conditions effective immediately. Your effective date will be 2013, when you saw the doc because that is the date the doc said you are unemployable. Link to comment Share on other sites More sharing options...
0 Guest Posted May 31, 2015 Share Posted May 31, 2015 (edited) 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? No Cue and maybe you don't even need a NOD. The Big question is did you return this paperwork? If you returned this paperwork VA maybe still processing your claim, If you did not return this paperwork VA is waiting on you. By VA infinferringIU as of Aug. 2011 in your Aug. 2014 rating decision gives, you the oppopportunity get the retro back to Aug 2011 with out filing a CUE or NOD. P.S. If this is the case, you may want to file a NOD before Aug 2015 If the retro is not processed Edited May 31, 2015 by pete992 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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