No longer needed, second signature in claim gathering of evidence

[Air Force Vet]

I am new to this forum. I filed a claim for IU on 4/16/2018. I see in ebenefits that my claim is in the gathering of evidence phase. Under needed from you it says date not available, no longer needed, second signature. Could some please tell me what this mean.  I am rated at 90% disability for back, knees and feet. 

Edited May 12, 2018 by Air Force Vet
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[Berta]

"I first filed a claim for iu on 5/16/2016 and was denied. Would they use this date as my effective date if awarded iu instead of 4/16/2018 when I filed my new claim".

Buck I think his EED for TDIU would be 4/16/18. ( the date of the "new " claim) and not the 2016 date.

But then again we dont have enough info.

Also Air Force vet stated this:

"I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied. "

We need to see that decision to  see

1. if they considered him for TDIU, and

2. what their rationale was to deny TDIU under 38 CFR 4.16 in the 4/16/2016 decision.

 

"On 2/28/2018 I had another C&P exam and was awarded a 90% disability rating. On 4/16/2018 I filed for iu."

Same here- 1.did the VA deny TDIU in that decision?

2. Did they (VA) send you the TDIU form at that time, saying it was eclosed and that they would consider TDIU when you return the form)or did you file it yourself again because they did not award TDIU on the 90% SC decision?

Do you get SSDI and it is solely for your SC conditions?

Did Voc Rehab ever turn you down solely due to your SC conditions?

 

If so to either question above- uis the VA fully aware of the SSDI and/or VOC Rehab decisions?

 

 

•  

  On 5/13/2018 at 7:28 AM, Buck52 said:

No, it IS TRUE more than one signature is needed for retro over 25.000.00...

Need more information about your claim?

If you first filed a claim back in 4- 16-16 and was awarded 90% & if the  s.c. conditions kept you from working they should have infrred the IU THEN, so they may go back to that date of 4-16-16

 [Collier v. Derwinski, 2 Vet App. 27=47, 251 (1992)

.depending how much retro you will be entitled to as to a second signature 

but they will adjust the retro accordingly to what they already paid you at the 90%rate  

or since over a year has gone by and you filed for increase   they could go by that date ...do you have a  (VSO)?Veterans service officer?  

They should go by the date you first filed for IU.  IF YOUR AWARDED IU.  and if your granted the IU  the retro should be more than 25.000 if they go back the two years?  depending on your dependent status...the more dependents you have the more $ you will recieve.

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Good day to you Buck52.

I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied. On 2/28/2018 I had another C&P exam and was awarded a 90% disability rating.

Edited May 14, 2018 by Berta

[Berta]

I dont know why but I copied only a minimal part of the thread but more came up in my reply----

Ait Force Vet -can you scan and attach here the parts of those last decisions that show their reasons and basis for no award  of TDIU in the past decisions?

Cover your c file # ,name, address, prior to scanning it.

It is always possible that this prior decision contained CUE.:

"I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied."

But that would depend on what type of award you will hopefully get in the decision they make next- as to the TDIU.

 

Edited May 14, 2018 by Berta
spelling

[Air Force Vet]

2 hours ago, Berta said:

I dont know why but I copied only a minimal part of the thread but more came up in my reply----

Ait Force Vet -can you scan and attach here the parts of those last decisions that show their reasons and basis for no award  of TDIU in the past decisions?

Cover your c file # ,name, address, prior to scanning it.

It is always possible that this prior decision contained CUE.:

"I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied."

But that would depend on what type of award you will hopefully get in the decision they make next- as to the TDIU.

 

Berta I hope this helps

I do not have access to a scanner but I am writing what was in the statement of case 

I was awarded 70% disability rating on 5/16/2016 filed for iu and denied.

I filed a NOD on 8/29/16

New C&P exam on 2/28/2018

Received statement of Case concerning NOD on 3/23/2018.  In it I was granted a 90% disability rating for my service connected disabilities  but stilled denied iu. The reason for iu denied was.

" An extraschedular evaluation was considered under the provion of 38 CFR 3.321 (b).  The evidence does not show that this case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods  of hospitalization as to render impractical the application of the regular scheduler standards.     

You have appealed the denial of total compensation for unemployability because you indicate that your service connected disabilities make it hard for you to work.  You and your employer both indicate that you are gainfully employed and paid consideration more than poverty level income.  The benefit you seek is designed to compensate veterans who are not 100 percent disabled by their disabilities but cannot obtain or hold gainful employment.  You are being compensated currently at the 90 percent rate based on the occupational impairment of your various service connected disabilities and you are able to work.  Federal regulations do not allow a grant of individual unemployability if it is shown that the claimant is fully employed. There is no provision for extraschedular consideration for individual unemployability in your case. If you stop working you should reapply for the benefit since you meet the schedular requirements.

Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities".

I in turn filed a new claimed for iu on 4/16/2018.

I do not get SSDI  but I do receive social security payments I am 66 years old

No I have not had any dealing with  vocational rehab 

I have not worked since 1/20/2017.

Edited May 14, 2018 by Air Force Vet
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[Berta]

Thanks for clarifying all that- it changes everyuthing I said above . They will not pay TDIU if a vet is substantialy employed.

However they stated:

" If you stop working you should reapply for the benefit since you meet the schedular requirements."

Hopefully that will garner you 100% .I believe your EED, after your last post, will be  January 20- 2017.

But it is very difficult for us to opine on what VA will or wont do.

They gave no conditional statement after 'if you stop working', as far as I know - so I guess SSA retirement will not be an issue.

[Air Force Vet]

1 hour ago, Berta said:

Thanks for clarifying all that- it changes everyuthing I said above . They will not pay TDIU if a vet is substantialy employed.

However they stated:

" If you stop working you should reapply for the benefit since you meet the schedular requirements."

Hopefully that will garner you 100% .I believe your EED, after your last post, will be  January 20- 2017.

But it is very difficult for us to opine on what VA will or wont do.

They gave no conditional statement after 'if you stop working', as far as I know - so I guess SSA retirement will not be an issue.

Thank you Berta,  you and I are on the same page. I assumed EED would be the day I stopped work of 1/20/2017. Thank you so very much for taking the time to answer my questions. 

[Berta]

I just hope VA is on the same page we are!

They make  many errors and someimes I think their errors are deliberate.