Appeal ? for the heavyweights

[SigBnSoldier]

Dear Hadit-

EED granted at BVA, sent to RO for rating.

RO rated PTSD w/Bipolar Disorder at 70% effective 11/20/2003

I believe IU should have been awarded as my SSDI records and award reasonably raise the issue of IU which wasn't considered.

Will this need to go to CAVC or back through the NOD process at the RO?  I'm getting conflicting answers from DAV and peggy etc...

 

P.S. SSDI was awarded 5 months prior to 11/20/03 solely on my service connected bipolar.

 

Edited March 12, 2018 by SigBnSoldier

[paulcolrain]

On 3/13/2018 at 8:38 AM, Berta said:

The top of Page 9 of the BVA decision says they awarded 100% Nov 29, 2014 for the psychiatric disability.

 "I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities.  Anyway, here's my BVA grant, "

I don't get the TDIU-70% either.

Also I did not see in the BVA decision any mention of any SSA award.

If the VA never received notice of this award , they did not have to consider it.

Are you able to scan the recent  decision from the RO ,that explains the retro, and attach it here? (cover C file # name prior to scanning it) (maybe the $$$ hit the bank before that letter has arrived)

Something does seem odd here---an SSA award solely for service connected conditions, should usually garner 100% SC- and the BVA award does state the 100%.........

BY THE WAY:

" This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003."

You had quite a victory on that!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I commend you for doing all you could to get this rectified, while dealing with so much personally.

And we sure never see many vets who succeed on Presumption of Regularity.

Your BVA case should help other vets if they have the same problems you had.

Thanks for attaching it here!

Did you ever formally file for TDIU?

I know that is an odd question, because they don't award TDIU without a claim for it- but something is wrong here---

Yet, as long as the cash is correct -something you need to check over,-maybe their recent retro award will make some sense.

Copngrats-you did an exemplary job on all of this!

 

 

 

Did you ever formally file for TDIU?

I know that is an odd question, because they don't award TDIU without a claim for it- but something is wrong here---

this was my question and point... just because va aware doesnt mean an application was put in...and didnt they change the law for infered iu claims ????

[SigBnSoldier]

No I did not apply for tdiu.  This is a grant of an earlier effective date for between years 2003-2012 so the new law for tdiu does not apply to this.  

The argument is that evidence exists in the file of unemployability, it is reasonably raised by the award of ssdi five months prior to the effective date of 11/20/2003.  VA should have inferred IU.  

I am still waiting on the letter from VA giving their reasons.

Edited March 15, 2018 by SigBnSoldier

[kanewnut]

"The argument is that evidence exists in the file of unemployability, it is reasonably raised by the award of ssdi five months prior to the effective date of 11/20/2003.  VA should have inferred IU."

 

VA should have inferred - I'm sorry, but that made me laugh. In my case I have yet to see the VA infer anything good in my case. I have SSDI since 2005 and went to BVA in 2016 and still waiting for IU. From my experience you have to fight the VA for everything you are going to get.

[SigBnSoldier]

On 3/15/2018 at 12:03 PM, kanewnut said:

"The argument is that evidence exists in the file of unemployability, it is reasonably raised by the award of ssdi five months prior to the effective date of 11/20/2003.  VA should have inferred IU."

 

VA should have inferred - I'm sorry, but that made me laugh. In my case I have yet to see the VA infer anything good in my case. I have SSDI since 2005 and went to BVA in 2016 and still waiting for IU. From my experience you have to fight the VA for everything you are going to get.

Laugh away, however M21 is on my side.  Here you go-

Reasonably raised IU.doc

Edited March 18, 2018 by SigBnSoldier

[Buck52]

CFR 38 4.16 is a great regulation. Read it carefully.

[kanewnut]

20 hours ago, SigBnSoldier said:

20 hours ago, SigBnSoldier said:

Reasonably raised IU.doc

I Looked all the way through this. Is there something specific in it you are referring to?