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tylerb333

inferred IU

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Should the VA have inferred my claim was automatically IU without asking for it?  I am 70 SC for PTSD and 20 SC Back condition as of March 31st this year.  Can I file NOD stating that this should have been an inferred claim.  I currently have a claim for increase in for those conditions.

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March 31, 2017, Award, take a breath on the NOD Filing, you've got plenty (9 Mos) to file it. Might be a good idea to discuss an "Official Review of your Recent Decision" with your VSR.

If you are certain that your Pre-Decision VA C-file Evidence of Record clearly supports an IU Award, ask for an Official Review of your Recent Decision. Attach those specific Med & Financial Records that are already in your File as supporting Evidence, to the Request for Review.                                                                                                                                                                              If you don't get an IU Award within say 3 - 4 mos, file the NOD. Depending on your Appeal choice, DRO Reviews take 12 to 18 mos, DRO Hearing up to 4+ yrs and BVA unless your dying, 5+ if no Remand. You're 70 TODAY, 71 TOMORROW, time isn't necessarily on your side.                            Semper Fi

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Yes.  If you have stated that you are unemployed and have been seeking benefits, then it can be an inferred claim.  You had to tell them you were unempoloyed, not just be unemployed.  

If the VA knew you were unemployed, then they should have considered you for TDIU.  But you had to tell them.  This said, this is the cart before the horse.  Everything is always in this order:

1.  Service connection

2.  Disability percentage

3   Effective date.

     Your effective date of tdiu is "downstream" from disability percentage and service connection.  The VA never, for example says:

We are denying you service connection, at 40 percent.   You will get a check of $0.00 effective March 1, 2015.  

No.   They decide on those in the above order.  The effective date is rather irrelevant UNTIL you get service connection and a disabiity percentage, first.  So, I recommend its 

"ok" to say they should have inferred it, but dont expect VA to decide the effective date, then the disabiliity percentage, and finally service connection all in backwards order.  

      I do think its a good idea, tho, especially if you tell VA something like, "On March 14, 2008, I explained to Dr. X, on an exam of that date, "I have been unemployed and unable to get work due to this PTSD."

      An informal claim for increase can be at the doctors office.  However, dont expect any benefits until you fill out and send in the required TDIU form.  The 21-8940 is available here:

https://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

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Ok guys, need advice.  The hot line called back and the guy told hubby to file iu.  He has an appeal in for increase for diabetes.  And appeal on diabetic nephropathy.  Nod was filed in nov of 12.  Dockett is 1502319.  So he went to see girl at eglin va(American legend).  She is telling him to drop the increase in diabetes on the appeal at bva, and file another claim for increase in diabetes at local ro.  They are the butts that denied it in first place.  Most of any new evidence was pertaining to diabetic nephropathy labs.  And both family doc and nephrologist wrote really nice letters.  In fact the family doc put in his letter that he is not able to work do his diabetes and all the complications it causes. So  the girl at eglin American legend wants him to file for increase in neuropathy also, and file a claim for sleep apnea.  Yes he is boots on ground Vietnam vet.    He is also turning 72 in aug. so what are your thoughts on dropping the appeal for increase at bva and filing new claim.  She thinks it will go thru faster.  Will it impact it in any way.  She discouraged him from filling for iu.  She said that takes too long.  But why would someone from hot line tell him to do it.  Who the heck do we trust to have his best interest at heart.  He has an appt with orto doc Friday.  He had an episode with really bad crippling pain in his right leg that he complained with for about four days.  He even had to use my walker, that I used when I had knee replacement.  I don'tif it is neuropathy,  it is in his hip and down his leg.  any advice from Berta,  Gastone, Broncovet,  or Buck would be greatly appreciated.  And anyone else that wants to chime in.

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Granted he is at 20 percent now for diabetes.  So we are talking about a 5 percent over all.  But from Jan of 12.  He is at 80 now"

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Treysnonna

    Please ask your questions in a "new" topic, else there is confusion.  Since you are new, I will answer "this time", but in the future ask your questions in a new post, not someone else's.  

    I disagree with the VSO's who tells you to "drop the appeal" and refile.  This is likely to hurt your effective date, and may not speed up your claim, either.  First, I would ask your VSO why you should drop your appeal in favor of re applying..wont that hurt your effective date?  

    Is the VA offering any "incentives" for you to drop this appeal?  Sometimes they say, Well, if you drop (x condition) we will award (y) condition.  

     The very purpose of appealing is to preseve the effective date, and I would not give that up.  Yes, appeals take a long time, but ask what assurance do you have that dropping your appeal wont hurt your effective date.  

      Your effective date is the later of the "claim date" or the facts found, that is, the date the doc said you were disabled.  If they want you to refile with a "new" claim date, then this will hurt your retro, if awarded.  

       If you have a clear understand of how/if this will affect your effective date, that is, if they will offer you the old "claim date", then go ahead, but I would not drop my appeal unless you had a compelling reason.  

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