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

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    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

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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

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

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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

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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

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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.  

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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!

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