wnappster Posted September 25, 2015 Share Posted September 25, 2015 Just want to let you know that my original posts were under the TDIU section. I filed for TDIU in Dec 2014 due to PTSD and a secondary condition under PTSD causing a concussion related to flashbacks. Well my PTSD was increased to 100%, TDIU was a moot point since the PTSD rating has gone to 100% (per VA letter). I also have been awarded SMC-1 due to my other conditions adding up to 60% on their own. The secondary condition has been deferred (most likely denied) due to how it was filed (my fault). I will file for a reconsideration on the secondary after the the doctor does the correct diagnosis along with rational. Link to comment Share on other sites More sharing options...
Berta Posted September 25, 2015 Share Posted September 25, 2015 That is GREAT News!!!!!!! Link to comment Share on other sites More sharing options...
USMC_VET Posted September 25, 2015 Share Posted September 25, 2015 DONT file for reconsideration, file a NOD. this is a common tactic for the VA to use reconsideration for F you.heres how it works you have three four options when they deny you.1) Say Ok - you accept the decision and it is considered final2) Reopen - you accept the decision and its final, but with a "reopen" you submit new evidence. if awarded your ED is now the day you reopened not the original file date. You give up initial file date in the past for retro and accept their denial as 'ok'. you can do this anytime after the decision is made. but by reopening you cannot appeal it later and get the original date.3) reconsideration - you dont accept their decision but they re look at your evidence again. if they agree with you then they may or MAY NOT consider you old ED for retro purposes. 4) file a NOD - thats you saying i dont accept the decision and you are wrong. the decision is not final but appealed. if you win you get the retro back to the original date. you have 365 days from the day the letter is stamped on the decision to do this. I dont like reconsiderations because, even though they have somewhat codified it now (before it was a informal thing), they often like to string you along for a year on the reconsideration and then deny you anyways. If you are after the 365 day mark you cant appeal and get the original retro date. you hav emissed the boat. I understand you are 100% now. however was the ptsd increase and this secondary filed at the same time? if the secondary was filed before you would be due retro from the file date for it to the retro date for the 100% as well. Either way even if there is no monetary reward for it because of the 100% award, you can still benefit from teh earlier retro date. if you fight it and win and your retro date is say 2011 you have crossed the semi magical 5 year mark for your disability and the VA will not schedule you for re examinations. normally if say you filed on jan 1 and awarded today you can expect within the next 2-5 years you will get a re examination. once you cross that 5 year mark it makes it harder for the VA to reduce you. it also puts you clsoer to the 10 and magical 20 year marks. the more time you can put under the belt of your disability the better. Screw the reconsideration, appeal it. besides since you are 100% for PTSD you are not needing a quick resolution due to finances, you have all they will give (congrats by the way). So fight it georgiapapa 1 Link to comment Share on other sites More sharing options...
USMC_VET Posted September 25, 2015 Share Posted September 25, 2015 What i should say is DONT file for reconsideration now. just get the evidence you need from the Doc and maybe a IME/IMO or two for it. invest some of that 100% retro in that. (also set aside like 1k for future imo/ime to defend in teh future). so make sure you dont go past a year, but spend the next year gathering more evidence for that secondary claim, and THEN file the NOD and request a new C&P and DRO hearing. bring in all that evidence and do it that way.You want the protected ratings for this, lets say in 2 years the VA reduceds you from 100% to 70% but you got the higher ratings on the secondaries and are now prortected, that will make up for the loss in PTSD. its a hedging/insurance thing, plus why give them the satisfaction of giving up on it or losing out the earlier dates. georgiapapa 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted September 25, 2015 HadIt.com Elder Share Posted September 25, 2015 Great news on your claim....CongratulationsI put this post in the success stories! ..........Buck Link to comment Share on other sites More sharing options...
Navy04 Posted September 25, 2015 Share Posted September 25, 2015 Congrats on the Great News!!! Link to comment Share on other sites More sharing options...
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