tdiu Rated Disabilities

[Penelope]

I have been Service Connected at 60% for chronic fatigue syndrome for more than 20 years.  I have started the process of filing a claim for unemployability.  During that process, I looked at my rated disabilities in ebenefits and found that it is noted as Systemic condition - general, 60% service connected with an effective date of 1999.  My BVA decision was written in 1998 and the effective date of my rating was back to 1994.  I talked to a Service Officer and they said they didn't know why it was listed in the system like this, but as long as I had my decision I should ignore it.  My concern was, and is, that it shows the wrong date and that difference means the difference between a protected rating and a non-protected rating.

I called VA and they set up an inquiry and I would be notified in a few weeks.  Tonight, I looked at ebenefits and found that the systemic line and effective date have not changed, but now I have 2 other disabilities listed as not service connected.  Not only that, but I never applied for any other disability rating other than Chronic Fatigue Syndrome, and to my knowledge I don't have these other disabilities.  The first is Brain disease due to trauma and the other is a Brain or spinal cord condition - general.  I have no idea where they came up with this.  Both state under decision that they are not service connected.

My concern is that these two items could have a negative impact on my unemployability claim.  I am not sure what to do about any of it.  When I spoke to the person on the phone a few weeks ago, they said they would send me a letter with regard to their decision.  Maybe it is on its way and they can explain this to me.
 

Your thoughts on what to do would be appreciated.

 

[Buck52]

Did they pay you retro from 1994 up to 1999? if they did  you may ignore this whole thing other wise you could have to pay back those years they over paid you.  IF YOUR EFFECTIVE DATE IS 1999?

as for as your 20 year protected date  that should be 1999&not 1994.... they  started it at 1999 so you need three more years to have your 20 year protection.

TDIU....

If you can't work because of this SC Disability at 60% for 18 years...wow  you should have filed a IU Claim sooner  if you had won  just look at all the $$ gone down the drain.

Not sure how they came up with the NSC Claims? if you never submitted them  call and tell them that.

Here is a link to he TDIU Fast Letter.

https://www.scribd.com/doc/148923612/FL13-013-001

You can file this claim using the extra scheduler  rating at 60%

if you never got retro on the dates of 1994-1998  then you really have no EED back to those dates.

only if you have  the records showing you submitted your first claim back in 1994 then you have a legit fight with them for your favor for your EED and that would put you over the 20 year protection rule

jmo

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

Edited June 8, 2016 by Buck52

[Berta]

VA recently had to review over 24,000 claims regarding TBI ( Brain injury due to trauma in service).

Have you ever claimed any type of head trauma in or after service?

They might have mixed up your claim with a TBI vets claim.

Or they found something in your medical records they didnt tell you about????

 "My BVA decision was written in 1998 and the effective date of my rating was back to 1994 "

Do you mean they paid you back to 1994?

Can you give us the BVA docket #?

 

 

[Penelope]

Berta - Thank you for answering my post.  The BVA Docket Number is 93-11-229.  

I am glad to know that they were reviewing files, but how to I correct the misinformation on e-benefits?  I have not had any trauma that I am aware of, nor do I have a brain or spinal cord injury.  I think they just mixed my file up with someone else's file.

Now, instead of fixing the wrong systemic condition date, I also have to correct the other misinformation, as well because I don't want it to interfere with the unemployability claim.

I have been receiving benefits on my claim since 1990.  It was first rated at 10%, I appealed.  Then 30% or 40% and I appealed.  Finally went to 60% retro to 1994, when the rating code for Chronic Fatigue Syndrome was established.  I am going to try and locate the back pay letters to confirm, but I believe it to be correct.

I appreciate your thoughts on how to correct this.

 

[Penelope]

Buck52 - Thank you for answering my post and including a link to the fast letter.  I have not been unemployed for the last 18 years.  I left my job 4 years ago, based on my doctor's advice.  I had been accommodated in my job for many years due to Chronic Fatigue Syndrome.  I have been trying to work on getting a better grip on my medical issues.  I also have applied and been approved for Social Security Disability.  I am trying to make sure I have everything together to apply for Unemployabiltiy.

I hope to get this mess cleaned up on ebenefits so it won't negatively effect my unemployability claim.

I appreciate your thoughts and posts.  Thank you.

[Buck52]

your EED on your disability should not have an effect on your IU Claim...unless you ask for the IU and the EED back to when you first stopped working...stopped working mean you never left home for work  even with the accommodations at work...stopped working means you don't work at all and for reason of your SC Disability.

you can get medical documentations  as to when your Dr  mention you need to stop working because of your S.C.Disability  a Dr has to actually say this in his report, to get IU  you can do any type of work including symmetry work  or make up to 12.000 year or more.

I would request them to go back to when you first stopped working 4 years ago and ask them to use the extra scheduler rating (b)

you need medical documentation for evidence to prove your claim and a Dr needs to opine his opinion he has read your military medical records & that due to your S.C. Disbility I have advised this veteran to stop working  effective date? going back the 4 years.

a lay statement from you and your wife detailing how bad your disability is and the things you can no longer do...because of your S.C. Disability.

Gather up all the VA Medical you can get your hands on and point out the disability and its symptoms.  VA or Private

you may even Request an Attorney from NLVP Program to help you   b/c you might could get a lot of Retro back....if they go by the date you got your 60% rating...the only thing that will stop that is that you worked during those years...to quailfy for IU  you can't work or show to been working  with your S.C. Disability  no matter about the Accommodations made at work.

Here is more of the 4.16  (a) & (b) CFR's Regulations

§4.16   Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

 

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

 

[Buck52]

If your denied on EED but granted the IU  you can file NOD and call an attorney here is the Number for NVLP

''National Veterans Legal Services Program

Washington, DC''   1-202-265-8305

info@nvlsp.org