tdiu Would This Be Cue?

[Buck52]

If you had a DRO Hearing, and they expedited your claim and was awarded TDIU P&T.

Filed increase 2002 awarded 2003.

but the DRO who wrote in his report he mention that ''they paid you from when you first filed for an increase on your 50% disability in 2002 altho records show you stopped working in 1999...but SSA records show you stopped working in 1996.

Is he referring to the SSA Records? They are the only Administration that keeps employment records correct?

Maybe the statue of limitations preclude from reopening the claim ? if VA has such?

.......Buck

Edited June 9, 2015 by Buck52

[broncovet]

Buck...

"The date you stopped working" is not the effective date for TDIU. (However, if VA has SSD records that you stopped working due to conditions now considered SC by VA, then the VA will have to consider that evidence) Instead, its the later of the date you filed or the date the doctor says you cannont work due to service connected conditions.

The difference here is "unemployed" vs "unemployable". People get unemployed for many reasons. Layoffs. They dont show up for work.

But the only reason that will get you IU is when/if YOUR doctor says you are "unable to maintain SGE due to SC conditions."

You need to look in your doctors reports and find a document, if there is one, where the doc said you are unable to maintain SGE due to sc conditions. The doc MAY say, "The Veteran has been unable to maintain SGE since 2001 due to (his SC) PTSD"

This would mean you are unemployable since 2001. However, if you do a C and P exam in 2015 and the doc does not specify a date you became unemployable, the VA will assume its the date of the C and P exam, 2015.

Its not CUE because the doctor failed to state you were unemployable to SC conditions until 2015. An inaccurate, or incorrect VA doc diagnosis isnt CUE. AT least not until or unless you got 2 more docs who testified the other doc was wrong. And even then, that wont be CUE because the error would not be undebatable unless the doctor was non compliant with the law. You may be able to get an incorrect doc diagnosis thrown out on the bases he was unqualified (had no expertise) in that medical condition.

Edited June 10, 2015 by broncovet

[broncovet]

Buck

Also, you have to apply for the benefit, and you wont get benefits until there is evidence you applied.

There are several ways to "apply" for benefits. There are informal and inferred claims, for example.

The informal claim only applies in the event of an increase. You see, you are required to apply for benefits on a form specified by the Secretary. If you dont use the required applicable form, the VA can turn you down. A few years ago, a formal IU was not needed..but you still had to have a 21-526 completed. However, I think there has been a rule change and you now have to complete a formal IU form to get IU.

Example: You fill out a 21-4138 and ask for TDIU. The VA says, ok, and tells you that you have to file a TDIU form. You fail to send in the applicable form for 4 years. You probably wont be getting that 4 years of retro.

Now, on to inferred claims. As an example, you dont have to apply for SMC...the VA is supposed to "notice" you meet the criteria and award it, without your "intent to file" for IU.

I think IU is also inferred, when the following criteria are met. 1. The Veteran is seeking the max benefit. 2. There is evidence in the file the Veteran is unemployable due to sc conditions.

In this case the VA should send you a IU form, and if you fill it out and send it in, then you should get IU back to the date your doc said you were unemployable due to sc conditions.

The VA has a duty to assist you. You, too, have a duty to comply, when the VA sends you a IU form and fill it out. However, whether this is fair or not, the VA failure to do its DTA is not cue.

You can read up, on "informal" or inferred claims to see if you meet this criteria.

Go over this, it may help you:

http://www.purpleheart.org/ServiceProgram/Training2011/T-4%20%20VA%20Errors%20in%20Claims%20for%20Increase%203.2011.pdf

[Buck52]

OIC

Thank You broncovet!

I'm learning! :)

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

Edited June 10, 2015 by Buck52