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

[broncovet]

Pete has a good point. If they sent you a formal claim for IU, and you did not return it filled out, then dont expect VA to pay your retro. However, I do think if you file an informal claim, you have a year to follow up with the formal claim, and still preserve your effective date of the informal claim.

However, Im not sure I completely agree with Pete that you dont need to file a nod OR a cue, that is, unless you can email Allison and get her to give you your benefits without a CUE or NOD.

IMHO you will never be sorry you filed a NOD in the one year appeal period. Never. I have never heard of a Veteran say, "Gee I only wish I had NOT filed that NOD in 2004". Its always the other way around, "Gee, why did I not file a Nod to that 2004 decsion?" Timely filing your Nod does not preclude you filing a CUE later, since there is no time limit to file a CUE. Also, you can still email Allison Hickey, and she could agree with you and direct your RO to give you your benefits regardless of whether you previously filed a NOD or a CUE. In my limited experience emailing Allison, she makes "o" decisions, but forwards your email to the RO director, and tells him to check this out and make some sort of a determination. The RO director will likely assign your case to a RSVR, or maybe DRO.

One thing emailing Allison will do: The VA wont be able to "forget about" you anymore, and put your claim in a vast pile of "not sure what to do with this" pile, which amounts to a "permanent hold" until something happens.

Edited May 31, 2015 by broncovet

[Guest]

Bronco,

I think we are on the same page. I agree that the veteran is in a very short window to file a NOD and should file a NOD if he don't get his retro before Aug. 2015. I also agree that he could file a CUE but I feel that he could email Hickey, McDonald or whom ever but VA will still need that paperwork to cover their backsides. The veteran would also want to send in this paperwork to cover his on backside, he would not want VA to do a review and find no form requesting TDIU.

[DC2NAVY]

This is the case, I was awarded 100% P&T Just 8 days ago, got IU retro to Aug of 2014 IU filing date. In Aug of 2011 i was

deemed UnEmployable due to my condition. By SSDI by being award that, can not work have not worked. I was deemed

unemloyable by the VA in the Voc Rehab program? And filed a claim for Ptsd as well. So Just last Aug of 2014 when they

finally gave me a 70% rating, sent me IU paperwork basically stating they messed up and award me 70% back to AUG of 2011

which is when I became eligabile for IU and to file but wasnt made aware until AUG 2014? WHEN THEY SENT ME MY Award

my letter in AUG of 2014 it was TRULY DATED FOR AUG of 2011. I have been 70% rated for PTSD Since AUG of 2011 but I just

found this out in AUG of 2014. Did I BEcome eligable IU in August of 2011 or August of 2014? I am now 100% IU P&T. And I

agree I either have a EED NOD to file or a CUE becasue they have time and time again overlooked submitted evidence and

ignored facts. I never submitted IU paperwork because I did not meet the % requirements until they finally granted 70% last

AUG 2014 but covered there buts and back dated to AUG 2011. If this is all legal, then I guess they should do this more often

to screw everyone over on Monies they lost throughout the waiting for claims to be processed. I can not file for IU or I did

not until I met the miniumum Requirments per The VA standards So they notified me last AUG of 2014, here is your award

letter and its all back dated and we over looked great evidence of your condition sorry. We now grant you what you should

have had 3 years ago, but things that come with that granting like IU is locked in to screw you from when you truly became

eligable.. I find it funny, and I believe I am right and so do a few others. I have read BVA Cases now over this weekend, and I

will win, I will get the retro, I was just looking for help on the best way to file this. And I believe a NOD on the EED date of IU

is the correct path. You file a IU claim once you meet the % req. Well for my case that is AUG of 2011, and then they granted

70% in Aug of 2014 about 3 years later, that is not my fault, and if they get away with this, then they will do this to everyone

taking away years of rightful payments and benifits.

Edited May 31, 2015 by DC2NAVY

[DC2NAVY]

You guys I filed for IU after they attached the paper work to my award letter in AUG of 2014 for the 70% ptsd. But the damn

award letter was also back dated to my original claim date of AUG 2011. I filled for IU but did not request it to be back dated

and or paid to Aug of 2011. I did not want to muddy the waters and or make the decsison of just granting or denying me IU

based on a date. I figured I would just get IU see if they do they right thing. They did not. You FILE FOR IU WHEN YOU have a 60%

one rated disabiltiy, or a combined at 70% with one disability being 40%. I am 80% total as of AUG 2011 folks, but I Just found

out last Aug of 2014!!!

Edited May 31, 2015 by DC2NAVY

[DC2NAVY]

80% rated since AUG of 2011, Just got informed of this last AUG of 2014 3 years later. They attached inferd IU in the 70% rating.

I filed that IU paperwork. Just got awarded IU last weekend. Retro to Aug of 2014 but I became % eligable in Aug 2011

according to the paperwork they sent.. I dont know how else to explain it

Edited May 31, 2015 by DC2NAVY

[DC2NAVY]

I understand I have a NOD to file I just got awarded IU last weekend, My 70% award from last AUG im not so sure thats the

claim to put a NOD on? Looking into it.

Edited May 31, 2015 by DC2NAVY