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

[Berta]

The M21 link from SigBN spells it out quite clearly. 

Sort of like my dead husband's case. They never acknowledged his TDIU form.

They couldn't because they cannot award TDIU to a dead vet.

He applied for higher rating of his 30% PTSD .

SSDI awarded him for PTSD. That award was based entirely on his VA PTSD records.

But prior to that VA gave us some BS that SSA refused to release his SSA records. They lied.

Then he died. ...VA had never requested them. My husband had clearly  authorized them to get the SSA records . I asked SSA in Baltimore to send them to the VA. I had found his authorization form in his C file copy. They did.

 100% SC PTSD P & T. award dated1997. The retro went back to 1991 up to his death. 1994

VA had to use the favorable additional year for the retro because of the fact that the SSA award was generated around the same time he filed for a higher rating. 1992.

I sent them a copy of the M21-1MR regs that explained the proper retro date to them.

38 USC and 38 CFR are the regulations.

M21-1MR is the guideline for the VA to use to properly adjudiate the claim.

You said:

" I have SSDI since 2005 and went to BVA in 2016 and still waiting for IU."

If the SSDI is solely for your SC conditions, they should award IU.

If it isn't it will not help your claim.

 

 

[kanewnut]

41 minutes ago, Berta said:

If the SSDI is solely for your SC conditions, they should award IU.

If it isn't it will not help your claim.

All of the SSDI problems that got me disability are SC. They should award me IU but they want to be PIA. I will post more as I get a chance.

[SigBnSoldier]

So, VA never even mailed me the decision package, I got this rating decision and notification letter from getting peggy and IRIS to fax me.  

It looks like I need to go to CAVC since the only evidence they looked at to rate me was the two original 21-526 forms from 2003 and 2004.  They didn't even bother going though my claims folder to see I was on SSDI and that my medical records were riddled with notes of being unemployed.

So, please, suggestions for an attorney to take this to CAVC please!  I already called Katrina Eagle, her work load is too busy.  Any ideas please?

redacted pdf.pdf

[Gastone]

Who Rep'd you at the BVA, what do they have to say?

[SigBnSoldier]

I did it myself.

[Gastone]

Job WD!

Might be time for a VA Lawyer sit down for a consultation or to contact the Vet Legal Consortium in DC to discuss Legal  options.

Then again, ask AskNod, he just got Credentialed to Rep at CAVC. Who better to get a free Consult and possible CAVC Representation.