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

[SigBnSoldier]

4 minutes ago, Gastone said:

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.

I was hoping you'd say that.  He's the one that wouldn't let me give up on this.  I didn't know he was able to go to CAVC, I'll email him now.

[john999]

If the VA was aware you were getting SSDI for a solely service connected condition I think you have case for TDIU EED.     I asked for EED when I got TDIU and I used SSDI effective date as the reason.  The VA did not deal with that issue but  granted the same date for EED based on hospital admission.  I think they di d not want to deal with the SSDI issue.  They were aware of my SSDI award date.  I think SSDI dates are a minefield for the VA and many vets have this potential issue.  Thus they blow smoke to avoid granting such claims on first go round.   I think your SSDI date and TDIU date should be the same on logical and moral grounds.  VA usually scoffs at those concepts and sticks to warped letter of the law.  It is worth pursuing.