Jump to content

Sponsored Ads



  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
Henrici

TDIU Denied or not?

Question

Hello all! I am new to the forum. I have a question for anyone who has experienced this: I received a SSOC that stated my TDIU claim was denied prior to a certain date due to schedular requirements, and that was basically all the information given. My lawyer thinks TDIU was granted after the date mentioned because if the RO was going to deny the claim entirely there would be no need to mention any date. The claim is still in PDA in Ebenefits and has been for weeks.

Has anyone received this type of ambiguous SSOC before and if so, what was the outcome?

 

Edited by Henrici

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

@Henrici it could mean that I originally applied for IU but they made they moot and awarded me schedular.

Share this post


Link to post
Share on other sites

Ad

  • 0
2 hours ago, Tbird said:

@Henrici it could mean that I originally applied for IU but they made they moot and awarded me schedular.

The odd thing is, I met the schedular rating [60%] 20 years ago. This SSOC raises more questions than it answers.

Edited by Henrici

Share this post


Link to post
Share on other sites
  • 0

How about posting a redacted copy of the SSOC?  I've never received an SOCor SSOC, but know a few Vets that have. Both SOC and SSOC are Delivered well after (We're talking months) the Full or Partial Denial Decision is made.

Have you received a Retro Deposit yet? Be sure your direct Deposit account is setup to real-time Text & Email you regarding all transactions.

Semper Fi

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

I agree with GAstone.  Our "interpretation" can't be any better than " your" interpretation you posted.  This is why attorneys "Want to see the decision" and dont make recommendations on what we think the decision said.  

This said, there is a particular order in which VA claims are rated:  1.  Service connection or denial thereof.  2.  Disability percentage.  3.  Effective date.  

The VA does NOT assign an effective date prior to adjutication of service connection or disability percentage.  

Given the above, the VA statement that it was "denied prior to xx date" suggests strongly it was awarded after the applicable date.  

If its any consolation, I had something similar.  I requested TDIU, and it was adjuticated ONLY for an applicable period, with the VA suggesting that was because TDIU was "moot" as I was already schedular then.  I appealed, and it was remanded at the CAVC level.  

I could be getting a decision from the board any day now.  Or, of course, it could be six months, but it says with BVA judge.  I am represented by an attorney in Dallas Texas.  

Share this post


Link to post
Share on other sites
  • 0

Thanks, broncovet,

This is probably the case, I just talked to my attorney and she said the RO has certified the denial part back to the BVA, however, due to the retro payment and other factors the "approved" part of the decision may linger behind as much as 2 months. The rational part of me believes they granted TDIU but I will have to fight on to get the true effective date. The paranoid part of me is worried because of no definitive answer. And so the hamster wheel spins on!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 8 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
×

Important Information

{terms] and Guidelines