tdiu Tdiu And Earliest Effect Date

[DC2NAVY]

When someone is granted a % for a disability that meets the min Req to file for IU and its was attached to the Award letter and

you file it. What is the effect date for that IU claim? The date you filed IU or the Date that you met the min requirements to file in

my case 3 years prior. And if you were going to file a NOD would it be on the IU claim itself stating I agree with everything

except the Effective date?And maybe tell them exactly why it should go back? Thanks for all and any responses.

Edited June 2, 2015 by DC2NAVY

[Buck52]

DC2NAVY,

You posted this on hadit 28 May 2015 6:10 pm

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 Legion

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''

I would be happy with this.....unless you want to go back to when your disability first arose? you have to prove that with Medical Documentation as to when you was Actually entitled to!

.................Buck

Edited June 2, 2015 by Buck52

[DC2NAVY]

Pete 992 you hit the nail on the head with everything you said there. That is exactly my case, and everything you said makes

sense and seems to be what I have landed on. Other then my CVSO and American Legion Service Department say it a little

different. And think I file the NOD on the IU claim itself fighting for the effect date.

Buck52 I am grateful for what I've been awarded, but this kinda practice by the VA needs to come to a hault. And I would think

most people would be happy as well. But if you know your own claim and have been living through the years and hard times &

waiting, you feel that maybe the VA's slow process isnt your own fault and whats owed is whats owed. Ive been doing all

these claims Via Ebennies on my own but with advice from many. I bet this happens to tons and tons of people and their own

personal claims and they just get their award and some back pay and run with it never looking back. Im a 100% now due to

filing IU last AUG 2014, by filing the IU attached claim, if they would have had me rated this 3 years ago i would have filed IU

and been IU all this time? But I should just be happy with it and settle? Honestly I dont conduct my life in that manner. I

follow thur with whats right and or I fill thats right. If I am wrong I am sure the VA will inform me via a letter in the mail

sometime in the distant future.

Edited June 1, 2015 by DC2NAVY

[DC2NAVY]

Buck52 Do I have medical proof. I filled SSDI in July of 2011 awarded in Aug 2011 25-28 days later, when your on SSDI they

have found you to be Totally Unemployable, with my next and honestly first exam in 7 (2018)years after the date of award. Va

had knowledge of this in Aug with original claim and just didnt look into it. When i sent them, fax them and mail them a copy

of all this they had a Duty to Assit and did nothing. Va Voc Rehabs own records showed I was switched into IDLAP program

deemed unemployble, what more do i need? I only have ever seen VA or Military Docs and records. I do not have any

personal DR in my life. Somehow now they rated me a 100% P&T and awarded my original claim for PTSD back to 2011 with

back pay.

I didnt submit any new evidence ever just the same evidence always had, How did they find me unemployable now? Because

I met the % requirments to file which was granted back to 2011 or due to SSDI award dated back to 2011 or due to VOC

Rehabs records from 2011? But they find me in 2014 to be IU becuse i just filed it, well I was informed I got invited to file

finally by award letter backdated. I will file the claim, I have this(Hadit) account written down now and will post my results.

And share all for everyone to see the outcome and understand better for themselves

Edited June 2, 2015 by DC2NAVY

[Buck52]

Well Everything looks good to me...I assumed you was asking for your EED.

And it is possible to get it earlier than what you got!

Going back to when your disability first Arose that caused you to be IU.

Not when they rated you the IU...BUT from when your disability first arose & Render you totally disable, this is your entailment to your EED.

Maybe I am wrong and someone else can be more help...JBasser? Asknod?

.................Buck

[DC2NAVY]

OK AUG 2014 Award letter Reason and Decision if need more let me know

AUG 27 2014

Dear Mr ************

We recieved a Notice of Disagreement from you on Oct 23, 2012 about one or more of our eariler decisisons.

the granting of an increase in your service connected PTSD disorder from 30% disabling to 70% disabling this is considered a partial grant etc etc

Reasons for Decision

We originally assigned a 30 percent for service connected PTSD. Additional evidence for review shows that the condition is

more disabling then reflected in that evaluation. For Example, Social Security admin records show that there is a marked

impairment and a detemination that you are disabled due to the condititon. Voc Rehab Va records show you were

discontinued in the program due to you symptoms of PTSD. VAMC outpatient records show fairly stable level of impairment

with reports of anxiety, depression, history of anger outburst.

The evaluation of PTSD is increased to 70 percent disabling effective Aug 19, 2011

There is more let me me know what else might need to be seen if anything

Edited June 2, 2015 by DC2NAVY

[MPsgt]

OK AUG 2014 Award letter Reason and Decision if need more let me know

AUG 27 2014

Dear Mr ************

We recieved a Notice of Disagreement from you on Oct 23, 2012 about one or more of our eariler decisisons.

the granting of an increase in your service connected PTSD disorder from 30% disabling to 70% disabling this is considered a partial grant etc etc

Reasons for Decision

We originally assigned a 30 percent for service connected PTSD. Additional evidence for review shows that the condition is

more disabling then reflected in that evaluation. For Example, Social Security admin records show that there is a marked

impairment and a detemination that you are disabled due to the condititon. Voc Rehab Va records show you were

discontinued in the program due to you symptoms of PTSD. VAMC outpatient records show fairly stable level of impairment

with reports of anxiety, depression, history of anger outburst.

The evaluation of PTSD is increased to 70 percent disabling effective Aug 19, 2011

There is more let me me know what else might need to be seen if anything

Did or Do you've a IMO/IME to support any of your claims and/or appeals? If you don't, that could very well be your problem. In which case your as lucky as a one legged man in an a** kicking contest but, what do I know. I'm just a second class petty officer.

Edited June 2, 2015 by MPsgt