Appealing Effective Dates for IU

[PiscesBlu224]

My claim for disability was approved in 2013 (40%)  with back pay to 2011.  In October of 2017, I found out that I could file a secondary claim for depression as my service connected disability causes depression.  I received a 50% rating for the depression and a combined rating of 70%.  This claim took about 6 weeks from start to finish.  In January 2018,  I filed a claim for IU and that was approved in March and back dated to Feb 1, 2018.  

I have not earned any substantial income since 2014 as per Social Security.  I do not have any earned income since 2014.  I filed an appeal asking that the UI be back dated to Jan 1, 2015.  Do I have any chance of actually winning this appeal?  I attached my Social Security Earnings Statement to the appeal.

Any thoughts will be greatly appreciated.

 

Mary B.

[broncovet]

We dont have enough information yet, to know whether or not your effective date appeal will likely suceed or not.  

As you probably know, your effective date is the later of the "facts found" or the date you applied for TDIU.  

Its important to know (when appealing TDIU EED), that TDIU is not a "stand alone claim" but part of a claim for increase.  

You may be interested in the "brief" which my attorney filed, in behalf of my appeal for an earlier effective date.  

You see, since I appealed a BVA decision, I wont have to pay attorney fees as those are almost always paid by EAJA for Veterans when he is successfull at the CAVC.  If the decision you appealed is a BVA decision, then you should consider an attorney pronto.  If you are appealing a VARO decision (to the BVA), and you are in legacy appeals, get ready for a 5 plus year wait.  Ramp may make that faster.  

[PiscesBlu224]

I filed for UI in January of 2018.  I was awarded UI in March of 2018 with it back dated to Feb. 2018.  My social security earnings statement reflects no income since December of 2014.  I have filed all claims and appeals by myself.  I am in the RAMP program if that helps.

[broncovet]

Social security earnings statments wont help you, because it sounds like you got the effective date the next month after you applied.  Its possible, however, that you could still get an earlier date in some circumstances.  

Does the VA record reflect you told people at the VA you "were not working" since 2014?  When did you first get benefits?  2014?  Sometimes, a claim for TDIU can exist especially when:

1.  You applied for the max benefit allowable.

2.  You told the VA you were not working and that is documented.  

My attorney is arguing something similar at the CAVC.  Again, if you like, I will pm you my brief he filed.  Its not been decided yet, but I expect that it will be in a few months or even a few weeks.  Im expecting a "response" brief by the VA attorneys before Oct. 3.  Im really thinking they will "cave" and concede I am entitled to an earlier date, because his brief is so good, thorough, and convincing.  I dont think the VA attorneys have a good "response" to his brief.  We will see.  

[broncovet]

Try reading Frost:

http://search.uscourts.cavc.gov/isysquery/fae76b3e-98a3-4e59-aa18-c88fb4c451c4/1/doc/

[PiscesBlu224]

My VA records do mention that I have been unable to work due to not being able to sit for more than a few minutes due to pain.   The VA also has a chronological list of periods of illness and the progression of my service connected disability.  The VA uses Social Security earnings to determine a Veteran's income rather than having the Veteran fill out the financial information.  This was something they changed between 2011 and 2014.  If they use it to determine whether or not a Veteran is eligible for free health care then they should also use it as proof of lack of income.  

The 125 days will be up on November 18th so I guess I'll find out something in a couple of weeks.

[GeekySquid]

On 9/19/2018 at 7:47 AM, broncovet said:

Try reading Frost:

http://search.uscourts.cavc.gov/isysquery/fae76b3e-98a3-4e59-aa18-c88fb4c451c4/1/doc/

hey Bronco, i just tried that link and it returns a error. do you have the specifics of the search criteria or a case number?