Should I send this Vocational Assessment to VA or go straight to the BVA?

[kanewnut]

I have attached my vocational assessment. I have attached my latest denial so you can see what is going on. Should I send this to the VA as a supplemental claim with new evidence to request an earlier effective date for my TDIU or just go straight to the BVA. Thanks 

 

3-VA vocational assessment Redacted.pdf 2020-10-28 VA Decision Redacted for Hadit.pdf

[pacmanx1]

Quote

Entitlement to individual unemployability is granted effective September 5, 2017.

Since the VA already granted you TDIU effective September 5, 2017, What earlier effective date are you seeking? Did you ever file for TDIU before this claim was granted? Do you have a prior denial of a TDIU claim? 

[kanewnut]

The below discussion has a lot of that information in it.

 

4 hours ago, pacmanx1 said:

What earlier effective date are you seeking?

I am seeking June of 2000. The last time I ever worked. 

 

4 hours ago, pacmanx1 said:

Did you ever file for TDIU before this claim was granted? 

Yes, multiple times. In 2003, with an effective date of 2001, when I first received the decision that had a combined 70% and one 40%. In 2007 when I received SSDI solely for SC disabilities. In 2009 after the VA sent a denial to my old address that I hadn't lived at for over three years, and yes they were well aware of the new address. All VA mail for three years had been coming to the new address. In 2020 when I tried to submit a CUE on their decision and they treated it as correspondence and nobody in the VA knew the regulation that a CUE didn't need a particular form. They sent me a letter telling me which forms and what other information they wanted. I kept telling them this was a CUE but they still don't understand.

Nobody can probably remember all that I have written about my issues with the VA but it has been one huge fuster cluck. I was thinking about it after writing about it and I probably would have to be really stupid to give the VA puzzle palace another chance at another ridiculous denial, but hell it is almost fun to see what kind of utterly asinine  crap they can come up with.

[pacmanx1]

It is extremely hard to respond to some posts because the more someone posts the more questions must be asked and without being able to actually review your records we can only speculate. You stated that you last worked in 2000 and you started receiving SSDI in 2005 but can you explain the evidence used to decide your 10/20/2020 Rating Decision? It states that the VA received records from the SSA that you worked from 1975 to 2019. See page 2 of 9 in your rating decision. Maybe I miss read and the 2000 date is the date that you last worked your computer position but continued to work in another position. Did you work in some type of Sheltered Environment Program?

[Buck52]

kanewnut

I think you should go for the 2000 date too, your records show that's when you last worked....but you should get an IMO let the Dr read this part of your records and ask him to opine his medical opinion  that the 2000 date was the date you had to stop working.

(due to your service connected disabilities.)

Appeal your EED and send that in as your evidence...now they should accept this  as new and relevant evidence.

 

Even with the medical records as evidence to show you stopped working   you will need  a Dr to state so. they won't take our word for it  even if the medical records reflect that we stopped working on a certain date  it has to come for a Medical Dr.

I was in the same scenario as you here  but they came back and said although you show to have last worked on this date April 1999, we assighn a EARLY EFFECTIVE DATE THE DATE OF YOUR PRIVATE Dr   Specialist mention you could not do any type work due to your service connected disability  which cost me about 3 years of retro from 50% to TDIU P&T   

I had to stop working in 1999..my new evidence on Appeal for increase was from a specialist on Dec 2002  they back dated the EED to the date when this specialist said I could no longer work  Their decision came later at a DRO Hearing on May 7th 2003

Back dated it from ....Dec 20th  2002  to May 7th 2003. Dec 20 2002 was when I had my IMO from this specialist.

I think it should have been the date I had to stop working  but they didn't see  it that way.

Only if my specialist would have stated that in his medical report  & he would have   but I forgot to tell him to do that.

But I was just so glad to get the increase from 50% to the IU...After my hearing at the R.O.  the dro and the rating specialist walk by & gave us and gave a thumbs up...main was we happy campers   but back then I didn't understand anything about a EED.

I can file a historic Audit to have them to check make sure I received a correct EED....And make sure recheck all dates in question that is in my C-file...I just never have filed this yet due to covid19

 

Normally we need a Dr to state the date we had to stop working  and if the records reflect that  its hard for them to deny.

[Buck52]

If you were denied in the old legacy or the new AMA, Denied in the supplemental lane ,  then Yes I recommend to go straight to the BVA  And not fool around with the HRL.  Normally its a waist of time.

[kanewnut]

10 hours ago, pacmanx1 said:

can you explain the evidence used to decide your 10/20/2020 Rating Decision?

I doubt it very seriously.

 

10 hours ago, pacmanx1 said:

It states that the VA received records from the SSA that you worked from 1975 to 2019. See page 2 of 9 in your rating decision. Maybe I miss read and the 2000 date is the date that you last worked your computer position but continued to work in another position. Did you work in some type of Sheltered Environment Program?

I sent the VA these records, 2020-01-16 SSA Earnings Redacted.

2020-01-16 SSA Earnings Redacted.pdf