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emptyshell

TDIU and 70% PTSD granted

Question

Goodmorning,

Last month I received my decision from the BVA.They granted me TDIU and 70% PTSD back to 1994.

My question is will they go back and pay on each separate decision or Does the TDIU decision override the 70% PTSD decision.

I was granted TDIU permanent and total in 2010.  I filed a claim shortly after that 2010 BVA decision to have them go back to 1994 and BVA just finally granted it.

My second question is since they are going back to 1994 on a granted TDIU claim, will I be grandfathered in for future c and p exams. Also, does this decision assist with survivor benefits when I pass away?

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Can you give us the Docket and Citation #?

22 years of retro? I would like to read the decision from the BVA before I opine here.... the BVA posts their decisions every 2-3 months....the claimant's name never appears in any on line BVA decision.

If you have had TDIU or 100% continuously for ten years or more,and that rating never changes, your survivors should be eligible for DIC. Death makes most TDIU and 100% claims Permanent and Total.

It is the ten year rating criteria that awards DIC in many cases. LOTs of info here in our DIC forum.

 

Edited by Berta

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Congratulations!  Retro back to 1994 for 100% could be one of the largest retro's ever, but I dont know how much or how long you have already been paid, so that is all deducted.  

Your BVA decision should state whether this is "each seperate" decision.  Sometimes the BVA leaves the effective dates up to the RO.   YOu need to carefully read the decision to see what the effective dates are, if they are included, and whether they are 70% or IU from what dates.  

We can not answer that without reading the decision.  

I would read the decision with a fine tooth comb..and maybe even have a lawyer read it, to make sure you interpreted it ok.  

You see, the problem is by the time the RO gets around to implementing the bva decsion, you could be too late to appeal the BOard decision, so you cant wait for your money and then appeal.  YOu have 60 days, and not one second more, to appeal the BVA decision even if it takes the RO a year or more to implement the BOard decision and pay you.  (It took the RO 3 years for mine, the BVA chairmans report says the remand time factor is about 255 days, but its unclear what he means by "remand time factor".  )   And, like I said, it may not always be clear what the effective dates are, until you get the RO decision implementing it, and then its probably too late to appeal the board decision.  (What a ripoff!  This is VA delaying stuff to cost you money)  

Edited by broncovet

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Good morning,

my docket number is 14-20 064 dated Sept. 19th 2016

This is basically what the BVA order reads.

The appeal is dismissed for the issues of entitlement to an earlier effective date for the awards of service connected for PTSD and right lower extremity radiculopathy.

An initial rating of 70% for psychiatric disorder, to include PTSD, is warranted, effective since January 26th, 1994; the appeal is granted to this extent.

A rating in excess of 70% for psychiatric disorder, to include PTSD, is denied for all entire appeal period.

A TDIU is warranted since March 18th, 1994, the appeal is granted to this extent.

I have opened my original claim with the VA in 1983.

My last job ended in 1994 and by 1996, I finally received Social Security.

I finally received a TDIU in 2010 and effective date was 2008 through the BVA and have been collecting this to present date, but went back to claim to 1994 for TDIU and PTSD since this was the end of my last employment date.

What is strange just this week, I received in the mail a letter from VA out of Janesville, WI.  I never have received a letter out of WI, sine my regional state is Idaho

It reads, "We have received your application for benefits. It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or information is needed." This letter just continues on about contact info and so on. What bothers me is the only case that I had open was this BVA appeal which just closed because the BVA decided the case.   So confused as to why I received this weird VA letter. Did they just send it to me by mistake or are they up to something to hold up my award payment?

I do not know if you can bring up my BVA decision because it is so recently decided. Hopefully you can. 

Thanks

 

 

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You are right...not there yet.

Maybe you should join ebenefits to see on line what is going on...

Just google ebenefits   or maybe IRIS could help...IRIS : www.va.gov  ---click on Contact Us and then on Ask a Question...and ask for email reply so they cant make something up by phone.

That IS weird.

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