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

[kanewnut]

6 hours ago, Buck52 said:

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.

I am ot familiar with this regulation. Can you point it out to me?

[kanewnut]

5 hours ago, Buck52 said:

Yes I recommend to go straight to the BVA  And not fool around with the HRL.  Normally its a waist of time.

I wasn't asking about the HLR lane. I was asking about the supplemental lane with new evidence. I got my TDIU from a HLR review.

[Buck52]

OIC

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 

 

Well you can try the SRL...Your Choice, but  from the denials coming from the SRL I've seen=  For first time claims  or for Increase  or A better EED. ,I would recommend go straight to the BVA.

I 'll see if I can find the regulations stating a Qualified Dr needs to opine ''We can't work due to our S.C. Disabilities''  The date the Dr says you can't work is golden for a Better EED...It's great you are approve for the IU , Although you may need it the above  to get a better EED.   THIS  is what I was referring to.

If you don't have a Qualified Dr stating the date you became unable to work OR WHEN FIRST FILLD FOR THE IU OR FACTS FIRST FOUND  ON RECORD   they will deny you for a Better EED, Unless that is in your Records already? 

you may want to recheck your Application for the IU ( VA Form 21-8940,)      check the dates  you became disable  to disabled to work  or when a Dr mention you can't work due to your sc disability, they can use that date...just hope it's back when you first filed for the IU    remember filing for increase is filing for IU.

They won't take our word as to when we say we could not work due to our SC.Disability's

I stopped working completely in 1999   SSA Records show I stopped working in 1997  which is about right  I mowed/clean yards and sold aluminum cans to make ends meet  while my spouse work her assperlo off fixing hair in a salon made me feel like Sh'**

  so I  am thinking my EED should be the date I last worked 1999, but I don't have a Dr to say that...grrrr  but if I could find that second page from the IU Application when I first filed for the IU I believe I would get a better EED. Back to 2000....2000 IS WHEN i FIRST FILED FOR THE IU

Edited April 8, 2021 by Buck52

[Buck52]

 kanewnut,

I want a Better EED too for when I was approved for TDIU P&T back in Dec 20th 2002.

I was approved for it on May 7th 2003  they went back to Dec 20 2002 for my EED. About 5 months of retro  I was 50% at the time and filed for the IU  . (increase)

Anyway I have the IU application when I filed for the IU  My problem is  the second page of this application is not in my c-file  I only have the first page on the IU Application,   the second page is the page that has the date on it when  I first filed  which was in April 2000.....But with out that second page   I am shot down for a Better EED.

I would need to hire an attorney or va claims agent that has access to the VBMS To find that second page..if it was taken out of my C-file  then it won't be in the VBMS....we need records to prove our claims   and if we can't produce what we need  they win out.

[Buck52]

kanewnut

Here is the regs for EED

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

In Ravelant parts.

[pacmanx1]

I know that this has been going on for a while for you and you have posted several posts and gotten several responses. Some of the responses has encouraged you to get a lawyer and with that I agree. Asking the VA for an EED (Earlier Effective Date) or a BED (Better Effective Date) is complicated, and the evidence of records must support that claim for benefits. Your claimed effective date must be spot on and is not always the last day that you worked. It must also be the date that you filed a claim VA form 21-8940 and the date that a doctor stated that you can no longer work due to your service-connected disabilities.  You can lose your claim by not claiming the correct effective date. 

I will admit that I briefly reviewed your threads, and I am a little confused about the date you seek.  Even though you stopped working in 2000, you did not file your TDIU form until 2003. I know that the VA back dated your combined rating of 70% to 2001 and that you started receiving SSDI in 2005 but what medical evidence and medical opinion did you have that you met the TDIU criteria back in 2000. I also know that you filed a previous CUE claim but keep in mind that in order to be granted a CUE claim the VA can only use the evidence that was of records back in 2000-2003 or whenever the rating decision was made. 

Yes, I agree that due to the fact that you are still in the appellate phase, last decision dated 10/28/2020 that you can request an EED or a BED, make sure that your claim meets the rating criteria and that you do not overshoot the correct effective date.  You are asking the VA to correct your effective date and retro your benefits and this maybe a fight that the VA may want to challenge you just because they may not want to pay out. Others may chime in but keep in mind that evidence is key and with this much retro on the line you are going to want to get it right.

As stated, I may have missed something, please correct me if I am off.  when I won my 1998 unadjudicated effective date. The VA finally reviewed my entire C-File and granted my NOD to my denied 1998 claim that the VA had in their possession but never considered nor did the VA adjudicate this evidence. So basically, when the VA actually granted my claim, The BVA stated my 1998 NOD was still pending at the time and therefore my effective date had to go all the way back to 1998.