TDIU attempt advisability

[slangpdx]

I had filed an intent to file in Feb 2019 but decided the wise thing to do was to role it over to another intent rather filing for TDIU in Feb 2020.  I have 70%  SC for mental health issue, won on appeal using an IMO in 2010.  Decision said "deferring decision on TDIU", don't know if that meant there was a presumption in favor of it or if that is boilerplate.  County vet rep urging me to go for TDIU.  I went to see a psyche who worked at VA regional for 22 years, he confirmed it is a risk if it goes across the desk of the wrong person for a reduction.  Since my VA award in 2010 I got an SS disability award for the same reason as the VA determination in 2018.  Psyche said that would potentially be of help on a TDIU request. 

I was in state voc rehab system for about 2 years, they just terminated my situation, saying there is nothing they can do to help me, I have that in writing.  Have been with VA rehab also, they have just pushed me into classes, which I cooperated with with two As.  Current counselor told me point blank they do not help anyone get jobs. 

 

Please do not read anything into this post that is not there.  Trying to give just enough info for a helpful response. 

[slangpdx]

15 hours ago, Berta said:

The SSDI award also is Great evidence, as you said it is solely for your VA SC.The Psyche is right.

Make sure on the TDIU form that they are aware of the SSDI  for the same SC.

They should send you an authorization form- unless things changed, to get the SSA findings.

You might be able to even get a very favorable EED, on the TDIU with SSDI evidence.What I mean is:

Mt deceased husband had two claims ending when he died. He made me promise to continue those claims if the VA "killed " him. He had filed  1151 claim and TDIU claim. I said Honey the VA isn't going to kill anyone.He suddenly collapsed 4 hours later and I could not revive him with CPR.

Almost 3 years after his death I won FTCA for wrongful death and also 1151 DIC, subsequently changed to direct SC due to untreated and undiagnosed AO DMII.

The first award letter I got on accrued was a posthumous award for 100% P & T for PTSD.

Although he had filed the TDIU claim about one year after he also had received SSDI for PTSD, the VA gave him not the 1992 EED for the VA claim, but 1991, due to the SSDI award.

SSDI contains an independent medical finding. The regulations for that type of favorable EED is here somewhere at hadit.It is a regulation based on when "entitlement" arose.

I heard a vet rep at the local VA tell a vet who had applied for TDIU- "that is very interesting" when the vet mentioned to him that he received SSDI solely for PTSD.I don't think the rep even mentioned that or checked the box for it,  on the 21-8940 that  he was filing out for the vet.

I caught the vet going to his car ,as he left the VA and advised him to make sure the VA knows of his SSDI award.

I coudn't help but overhearing what the rep said.

 

 

 

Don't think I understand here.  Does this mean my TDIU could be backdated to date of SS award?  For payment purposes for me that was Dec 2016 with application date of Dec 2017, award was in July 2018.  Again, no one I have worked with mentioned this as a possibility.  I got the SSDI award on first try no appeal, only happens in ~ 10% of cases.  I fired lawyers, they got nothing, said they didn't think I would win and I was doing all the work anyway.l 

[Berta]

It could be a one year additional retro amount. It depends on the filing dates.

I will try to find the regulations on that, as it does not happen often- as well as the regs VA stated in the accrued award letter I got.

"I fired lawyers, they got nothing, said they didn't think I would win and I was doing all the work anyway."

My husband had separate SSDI awards- because I found a legal error they made in their own SSA Handbook.

SSDI for 1151 stroke, and then SSDI under a reconsideration request solely for PTSD.

We had to make a long trip to a SSA lawyer fr his help and he said my husband would never succeed in the Recon request. I called the lawyer up  about 3-4 months later and told him he lost over 4 thousand bucks ( the SSA lawyer's fee, he could have attained if he had at least considered the evidence I brought with me.

He was shocked and then we had quite a long conversation on PTSD- and he said he would never look at a PTSD SSDI situation the same way.

I had no lawyer for my wrongful death FTCA. After about 20 lawyers  turned me down, saying I would NEVER succeed, here in NY, I just said piss of them and decided to do it myself.

Same as with my husband's ADA EEOC case- the first case filed and first ADA win here in NY for discrimination by a federal contractor....due to my husband's ( at that time) 30% SC for PTSD.

Some only brought up the incompetence issue- because many of us are hardcore VA claimants, and we look for the potential VA land mines that can cause a veteran or their survivors , unwarranted grief...

VA has pulled the incompetency issues on a few vets here, over the years, who fought back right away and the VA dropped that idea.

You reveal here that you are FAR from incompetent!!!!!

Don't worry about that.

 

 

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[broncovet]

I agree with Berta.  "UNLESS" your doctor has stated you are not competent to manage finances, you should be fine.  If you are paying your own bills now, and your water, electricity, rent are not being cut off for non payment, then its highly likely you are competent to manage your own finances.  

Effective date regulations follow.  There are special circumstances if you are applying for an increase (tdiu is an increase), and several others:

https://www.law.cornell.edu/uscode/text/38/5110

   The difficulty and complexity of understanding effective dates, in my opinion, is by design.  It prevents many Vets from persuing the effective date(s) they deserve.  

[Berta]

All I found was the award I mentioned,below:

 I have the rating decision but it was not in the this file. The regs are here but hard to find under a search-

The veteran was awarded SSDI solely for PTSD within the same year he had filed for an increase to his 30% SC PTSD. That same year factor was critical to the favorable EED.

The VA had initially  denied this claim , as an accrued benefit claim after Rod died and I went to see his shrink at the VAMC, showed him the SSDI award letter and asked him why his MH notes were missing from the evidence list-he had hypnosis records, treatment records and gave my husband numerous tests to separate the 100% PTSD from the 100% stroke, and he had written a very concise report that my husband's PTSD was "catastrophic."

He gave me a copy of that report ( not a C & P exam) and said he would immediately write to the VA over what they were missing, verifying the SSA award. He sent me a copy of his letter and this award was soon in the mail.

Their accrued regs at that time (1997) would not allow then to pay me more than two years accrued at the time.

Oct 1991 was the last day he worked and his SSA EED for PTSD went back to that date.

The previous payment they mentioned was for  month of death ( VA would take the deceased's last VA comp check right out of the checking account immediately. I don't think they do that anymore.

My daughter had foregone college due to our financial situation, but had already  joined the USAF instead.

I use the DEA for my degree at AMU- she is working on her Masters but refused to use her DEA award long ago because they made such a ridiculous  error at first on it, fixed under CUE, she figured they would screw up any further VA issues she had. She works for DOD and pays for her education herself.

If I find that rating sheet it might help more.

 

 

 

Accrued award 1997.pdf

[Guest]

I totally agree that if your VA psych, has not brought it up or suggested it you should be fine.  Dealing and helping veterans we come across a lot of things and have to read into their situation. I basically brought it up because you said not to look into things.  I have helped several veterans that asked for my help but didn't inform me of the entire story and I had to get it out of their spouses. I helped them win their 100% scheduler but VA found them incompetent to handle their own founds. So no worries about that, in many cases the board have also see these situations and we agree do think alike.

[Ddsr]

On 3/19/2020 at 7:07 PM, slangpdx said:

I had filed an intent to file in Feb 2019 but decided the wise thing to do was to role it over to another intent rather filing for TDIU in Feb 2020.  I have 70%  SC for mental health issue, won on appeal using an IMO in 2010.  Decision said "deferring decision on TDIU", don't know if that meant there was a presumption in favor of it or if that is boilerplate.  County vet rep urging me to go for TDIU.  I went to see a psyche who worked at VA regional for 22 years, he confirmed it is a risk if it goes across the desk of the wrong person for a reduction.  Since my VA award in 2010 I got an SS disability award for the same reason as the VA determination in 2018.  Psyche said that would potentially be of help on a TDIU request. 

I was in state voc rehab system for about 2 years, they just terminated my situation, saying there is nothing they can do to help me, I have that in writing.  Have been with VA rehab also, they have just pushed me into classes, which I cooperated with with two As.  Current counselor told me point blank they do not help anyone get jobs. 

 

Please do not read anything into this post that is not there.  Trying to give just enough info for a helpful response. 

Slang that Chapter 31 Feasibility Letter is a golden ticket when you file for TDIU. Make sure you send that letter in with your TDIU claim. Also use that letter to apply for SSDI as well. I used my VR Feasibility Letter for both TDIU claim and SSDI and was awarded both first try. I am now TDIU Total and Permanent for Mental Health.

On 3/19/2020 at 7:07 PM, slangpdx said:

I had filed an intent to file in Feb 2019 but decided the wise thing to do was to role it over to another intent rather filing for TDIU in Feb 2020.  I have 70%  SC for mental health issue, won on appeal using an IMO in 2010.  Decision said "deferring decision on TDIU", don't know if that meant there was a presumption in favor of it or if that is boilerplate.  County vet rep urging me to go for TDIU.  I went to see a psyche who worked at VA regional for 22 years, he confirmed it is a risk if it goes across the desk of the wrong person for a reduction.  Since my VA award in 2010 I got an SS disability award for the same reason as the VA determination in 2018.  Psyche said that would potentially be of help on a TDIU request. 

I was in state voc rehab system for about 2 years, they just terminated my situation, saying there is nothing they can do to help me, I have that in writing.  Have been with VA rehab also, they have just pushed me into classes, which I cooperated with with two As.  Current counselor told me point blank they do not help anyone get jobs. 

 

Please do not read anything into this post that is not there.  Trying to give just enough info for a helpful response.