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Individual unemployability/ PTSD Increase

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Sims65

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Hello! I had a few quick questions about eBenefits and the individual unemployability process. My husband submitted a claim on October 25th, 2018. We have submitted all supporting evidence and lay statements. They were requesting an employer form to be filled out. My husband has not had employment since he was in the Army. He was awarded 70% PTSD in 11/2015 and decided not to seek IU at the time. On his award letter it stated the decision of IU was deferred due to 5103 notice and additional development. Well my question is about the attached pictures. Why is unemployability increase and PSTD increase listed like it is to different claims? And also under request 3 it says status: no longer needed-  exam request-processing. Why would it say no longer needed when they called to schedule exam today? I hope all of that makes sense.Screenshot_2018-11-26-22-24-58.thumb.png.a65f70fa01bb49b36347947e70b7a563.png

Screenshot_2018-11-26-22-23-07.png

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I only have an answer for your first question. It's not two different claims. It is the same claim. If multiple conditions are claimed at once, they are placed in the same claim. 

I'll give you an example:

Lets say y'all forgot to claim TBI while this claim is active and want to add it to the current claim.

Your active claim will be closed and a new claim will be started with the TBI, Unemployability(increase), and PTSD(increase) included. All the evidence for the previous claim will be moved into the new claim and any evidence you submit for TBI.

I hope this helps.

FYI, it's best to check Ebenefits once a week or every two weeks, it won't update more than that anyway. I literally drove myself crazy checking everyday. LOL.

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EBennie is, and always will be, a form of self-inflicted torture. Your stuff looks good otherwise. Keep us posted.

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Hey guys! So my husband was awarded 100% PTSD from 70%. Which is a huge blessing but they made the unemployability moot because they gave him the increase to 100% PTSD. But I am not quite sure this was a fair decision considering my husband has not been able to obtain any gainful employment since his discharge date in 2014. I feel that he should have been retro paid back to at least November 2015(when he received was awarded his 70% PTSD). I completely understand that you are supposed to appeal within one year of your award date for unemployability. But on his award letter from November 2015, it states unemployability was deferred due to automatic notice 5103 was not provided. Which we were unsure at the time what unemployability actually was. The way I see it,  the unemployability should be retroed back to November of 2015 and then it would be moot on the effective date of the awarded 100% which is October 2018. Definitely would appreciate some insight before submitting an appeal. 

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Was he receiving SSDI in November 2015?

If so did he definitely inform VA of that on the TDIU form ( 21-8940)( Question 18 or 20-forget which one?)

If so was the SSDI solely for PTSD?

If no is the answer to all of above, and if he had not been turned down by VA Voc Rehab further back than the EED of Oct 2018, solely due to his SC, and VA knew of that  Voc Rehab determination, then the EED might well be correct based on the facts of the claim.

What was the actual date he filed the claim?

Can you scan and attach the award letter here ( to include the evidence list) as their rationale on the EED is within their decision. They could be wrong- but we cant know that yet without seeing their rationale.

Most claims use the date of the filed claim as the EED.

Please cover your C file, name, address prior to scanning the award letter.

 

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