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 Guest Posted May 31, 2015 Share Posted May 31, 2015 (edited) Yes, you want to file a NOD and disagree with the rating decision dated Aug. 2014 that your EED should be Aug 2011. Keep in mind that you have one (1) year to this Aug and time is running out. VA rating decision dated Aug. 2014 that awarded you at least 70% back to Aug 2011 is the correct decision to file a NOD on. Edited May 31, 2015 by pete992 Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 31, 2015 Author Share Posted May 31, 2015 (edited) Pete992 Thanks so much for your input. I would have to agree, after reading tons of info this last week. This is most likely the path I will take I believe. It might not be clear to everyone and its been a very long wait and process. But it is very clear to me most likely due to its my own personal claim. (Of Course) But I must add there are probably plenty of people that have had this happen and never even thought more about it. Im not being greedy just getting what is owed for my family and what we all went thur, the many moves, going without food, clothes, and basic needs at times etc etc. JMHO Edited May 31, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 31, 2015 Author Share Posted May 31, 2015 (edited) Also if I file a NOD to the rating decision in AUG 2014 this is for a 70% increase to PTSD raised from a 30% awarded in Sep of 2013. And it all stems back to the original claim in AUG 2011. I filed a NOD in Sep of 2013 not agreeing to the 30% rating. After the award of 70% in Aug 2014 retro to Aug of 2011 i do not disagree with that. I then filled the attached IU paperwork that was attached to the award in Aug 2014. If I file a NOD on the Aug 2014 70% what am I NOD with because the IU wasnt put in yet? I Filed the attached copy of my IU that came in the Award letter in AUG 2014. My IU was just awarded last week. This is were im still confused!! Edited May 31, 2015 by DC2NAVY Link to comment Share on other sites More sharing options...
0 Guest Posted May 31, 2015 Share Posted May 31, 2015 Pete992 Thanks so much for your input. I would have to agree, after reading tons of info this last week. This is most likely the path I will take I believe. It might not be clear to everyone and its been a very long wait and process. But it is very clear to me most likely due to its my own personal claim. (Of Course) But I must add there are probably plenty of people that have had this happen and never even thought more about it. Im not being greedy just getting what is owed for my family and what we all went thur, the many moves, going without food, clothes, and basic needs at times etc etc. JMHO I don't think it has to do with anything about being greedy. Many veterans lose their homes, go through divorces, lose their cars, go without food, live on the streets and worst thing waiting on VA to get it right. Times are hard and Times are getting even harder, you have to do what you have to do and what you feel is right. If you don't fight for your benefits now and your medical/mental health get worst then you can actually be harming yourself and your family. Link to comment Share on other sites More sharing options...
0 DC2NAVY Posted May 31, 2015 Author Share Posted May 31, 2015 (edited) Everything you mentioned I have been thur, Divorce of 12 years with me all thur military just no long after, and everything else, repos, food shortage,child support to ex wife, just a mess the last 3/4 years....Thanks everyone for the replies. Edited May 31, 2015 by DC2NAVY 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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