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]

On 4/10/2021 at 5:44 AM, pacmanx1 said:

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.

Yes, it has been going on for a long time. My first denial from VA came in 1985. I have a 3.156(c) claim in to start the process to fix that one. I get to go to a C&P this Thursday for that one. That should be interesting, since the injuries are now over 36 years old. I am printing out a ton of records for the examiner. I imagine the VA will tell them to just look at the past year of records. 

I don't see the purpose of a lawyer if you are able to work on your own case. I imagine some people can't, or just don't want to. I couldn't wait to get a lawyer when I became eligible. The DAV told me they had lawyers to represent us as we went up the ladder. After my experience with DAV I would not want to chance it. After all I have learned in the last several years I am hoping I can see this through on my own. 

On 4/10/2021 at 5:44 AM, pacmanx1 said:

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. 

You will have to explain this to me. I do not understand it at all.

As to the part about the date that a doctor stated that you can no longer work I would really like to know where this came from. Buck stated it to and I asked him where it came from and he went off on a tangent to tell me about EED. I have searched CFR 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION - and the only place doctor is mentioned is in - §3.352   Criteria for determining need for aid and attendance and “permanently bedridden.”. I have searched CFR 38  Chapter I → PART 4—SCHEDULE FOR RATING DISABILITIES - and this does not mention doctor at all. 

This comes from M21-1 - Do not ask the examiner to opine as to whether or not the Veteran is “unemployable” due to his/her SC disabilities.  A determination that a Veteran is unemployable is a legal determination that rests solely with the rating activity.

 

On 4/10/2021 at 5:44 AM, pacmanx1 said:

Even though you stopped working in 2000, you did not file your TDIU form until 2003.

To the best of my understanding I needed to be at 70% with one 40% to apply for TDIU. When the VA sent me the decision in February 2003 that showed I was 70% with one 40% I applied for TDIU. 

 

On 4/10/2021 at 5:44 AM, pacmanx1 said:

you do not overshoot the correct effective date.

No idea what you are talking about. 

 

On 4/10/2021 at 5:44 AM, pacmanx1 said:

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.

I don't doubt that they don't want to pay me what is due. They have screwed this up so bad from 1985 on it is unbelievable. A quick calculation shows over 200K for this TDIU claim. The 3.156(c) claim is not far from that either. 

 

On 4/10/2021 at 5:44 AM, pacmanx1 said:

The VA finally reviewed my entire C-File

It looks to me like I am going to have to go to the BVA and go through my entire C-File and point out all the evidence that I have. I was at the BVA in 2016, with no idea what was going on. DAV was a total waste of time. They did not wish to meet with me the day before to go over any evidence or discuss anything. The DAV just went through the standard boilerplate questions about each disability and how it had gotten worse. DAV had no idea about SSDI or SSA Records. Apparently the BVA didn't have enough good sense to look through my C-file and see the SSDI and the fact that someone else's SSA Records were in the middle of mine, with the pages showing my SSDI grant missing. The judge wanted to know about headaches. I thought that was strange since I am rated 0% for headaches. I found out why when I got the C-file and found a screwed up C&P exam that stated I was taking all these narcotics for headaches. Thanks again DAV. DAV said I didn't want to get a copy of my C-file, I would loose my place in line. So I go in blind with no knowledge of what the BVA is looking at. Now I know to hound the VA for my own copy of C&P's as soon as they are finished. 

Screw ups on my TDIU include denying me because I quit, that sh*t was done all the way up until it was granted, M21-1 says that doesn't matter. Mailing a TDIU decision in 2008 to an address in a different state that I hadn't lived in for over 3 years, yet all the other communication for the 3 years prior had been sent to the correct address. Closing my claim before a year was up. Continuing to ignore the SSDI decision every time I sent it too them. Blatantly ignoring the VR&E denial letter with my doctor's statement that I couldn't work and my SCD's were permanent. Most of these most egregious denials came from the Roanoke VA rating office.

Have I mentioned lately how much I hate, absolutely hate, dealing with the VA in any way, shape or form? 

I hope I haven't upset anyone too much with this. I sat down to write several times in the last few days but I would get in a pissy mood and want to raise a lot of cain so I kept putting it off. I think I am a little better today.

[Buck52]

Kanewnut  Quote

''As to the part about the date that a doctor stated that you can no longer work I would really like to know where this came from. Buck stated it to and I asked him where it came from and he went off on a tangent to tell me about EED''

I never meant that as being on a tangent  I was only trying to help you with your EED, All of us have tried to help you Pacmanax1, broncovet, and other members here.  your using your Information reading the M21-1  well thats all fine and dandy   if it will helps you get a EED your trying to get .

I am only using information from other veterans that have been there shared their  experince  and what all they went through  for Years  and have the experience to what it takes to get awarded a BETTER EARLIER EFFECTIVE DATE ON THERE CLAIM.

IF YOU BEEN FIGHTING THIS SINCE 1985  and still getting denied? Pacmanx1 is right its time to Lawyer up  or like you mention about you working this on your own...that's fine ,  if you don't like the Information I give you  or anyone else here in Hadit   you can take a flying leap or get your information else where or if you don't want to use the information members give you  including me  then why you hanging around Hadit???

As for as What I said about getting a qualified Doctor to state when you first came to be unemployable I still stand by that   you can believe what ever the hell you want to believe.

    As to the part about the date that a doctor stated that you can no longer work the date he mention that you were considered unemployable  due to your S.C. Disability   I still stand by that.

38:U.S.Code5110  ,  It's long and tiring read and has a lot of ,, paragraphs section to read   its 38 U.S. Code 5110: (a) through (I)

As to the part about the date that a doctor stated that you can no longer work and considered you unemployable due to your S.C. Disability I still stand by that   and they maybe a better EED than that   if you can prove your disability caused you not to work before the Dr mention you were unemployable?  WHEN (DATE) THE DISABILITY FIRST AROSE.  YOU GOT TO PROVE THAT...AND YOU PROVE IT WITH MEDICAL RECORDS.AND DATES ON THOSE RECORDS.

There are numerous  ways to get a EED   like prove the onset date of the s.c. disability when it  first arose. and caused you to be unemployable.

btw  over shooting your EED is not being truthful and you use a date that you can't prove it to be.

I BEEN DEALING WITH THE  VA Claims since 1974  DOES THAT MAKE ME AN EXPERT? HELL NO IT DON'T  AND I DON'T CLAIM TO BE AN EXPERT ALL MY INFORMATION IS FROM TIRED VETERANS GOING THROUGH THIS MAZE OF B.S FOR YEARS  SOME UNFORTUANTELY NEVER RECIVED THEIR DUE BENEFITS  AND PASSED AWAY BEFORE ADJUICATION.(THATS SUCKS BIG TIME)

You have got some great information here from other Members,   if you don't want my information or you think I am just being tangent  you can believe what you want.  or put my ass on the Ignore list.

I am tired of your B.S.

[pacmanx1]

Please try to keep an open mind and review. I asked what effective date are you seeking and you replied. 

Quote

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

I can follow the fact that the VA should have considered your claim for TDIU when they granted your 70% and awarded the effective date to 2001 but no further based on what you posted. But if the evidence in your file doesn't support that rating then the VA will just consider it and then deny the higher rating. 

How do I get these benefits?

You’ll need to file a claim for disability compensation. When you file, you’ll have to provide evidence (supporting documents like a doctor’s report or medical test results) showing that your disability prevents you from holding down a steady job. We’ll also review your work and education history.

VA Individual Unemployability If You Can't Work | Veterans Affairs

Also please review VA Form 21-8940 SECTION III EMPLOYMENT SECTION, item 14. ask DATE YOUR DISABILITY AFFECTED FULL-TIME EMPLOYMENT MM/DD/YYYY. Item 15. ask DATE YOU LAST WORKED FULL-TIME MM/DD/YYYY and Item 16. ask DATE YOU BECAME TOO DISABLED TO WORK MM/DD/YYYY. 

So, even though you stopped working in 2000 that does not mean you are entitled to that effective date. Yes, you stopped working but you had to have filed a VA form 21-8940 and medical evidence that you could not work due to your service-connected disabilities. I am not saying that you do not have this evidence, I am only saying that I missed it or didn't see this evidence. 

VA Form 21-8940

Edited April 12, 2021 by pacmanx1

[Buck52]

I agree with pacmanx1

I filed my 21 -8940  April 2000, I had a copy in my C-file  but the second page is missing  and that's the page that has the date on it, I need  to prove EED although they adjudicated my claim May 7th 2003   they back dated it to my private IMO Dec 20-2002  little over 5 months retro when the Dr mention I can't work due to my S.C. disability , he also read all my medical records examined me and gave his Impression as to why I can't work. ..... had it been dated back to April 2000, two things would happen   1st more retro  and 2nd I would have the 20 year rule in .

But since the second page is missing from my -file  I don't have a leg to stand on  I may could get an attorney to plead my case  but I am still looking at a denial. until I can produce the date on the 21 -8940 (As pacmanx1 mention .)

Although I show to have stopped working in 1997  SSA records Show that  you stopped working in 1997 and I ask for a EED back to 1999 the year I had to stop working,  my award letter quote mention although you mention you stopped working in 1999  we paid you from the date the Dr (IMO) Said you can't work the date of your Exam DEC 20TH 2002.

I have the SSA Records to show I stopped working in 1997   but I don't have the 21 -8940  that date is what I need  that date on the application 21 -8940 is the key here. 

  We must file the 21 -8940 and that is the main part of proving a EED for TDIU. or get a favorable report from a qualified Dr to state you had to stop working due to your SERVICE CONNECTED DISABILITY  And the Dr needs to give a full detail about your disability and explain why it keeps you from working.  ....They went with the Dr 's exam the date he examined me.as my EED. DEC 20TH 2002.

Edited April 12, 2021 by Buck52

[Mr cue]

If u were 70 percent 2001 and u were not working yes you should have been look at for tdiu.

Now do u have evidence that was part of the record back in 2001 that show u were not working.

Doctor note or anything it must be part of the record at that time of the decision to be a cue.

If the evidence was not part of your record back than it will be hard.

I won a cue for tdiu but all the evidence was in my record. I use nothing new. It's post on here.  My be it will help

[Rattler]

kanewnut

First I think you are confusing your TDIU rating of 100% with a Supplemental rating (70% & 40% or 60%, 30%, and 10%). A TDIU is based on your unemployability by what I saw in the records you submitted to the forum that the Vocational Expert rated you as unemployability in 2000 and the VA as September 5, 2017. You stated "I received SSDI solely for SC disabilities." The question is what SC disabilities do you have so SSDI rated you as unemployable. If the VA has not rated you as a 100% for the SSDI reason that it is an issue with the VA that you should appeal. If it is the same as the SSDI I would do a request for an deferent effective date. Also I would call or go to your local Social Security office (If possible and as for the supervisor because that's what I had to do to get my records.) ask for the following to submit with you Vocational Expert report. Ask them for "Form SSA-831-U3 DISABILITY DETERMINATION AND TRANSMITTAL" and "Form SSA-4268 EXPLANATION OF DETERMINATION." They should be in your record. Depening on what RO office you have they will probably deny the new date and you will have to work the appeal. ( I have seen this in a similar case where the date was done by a VA doctor)

 

Second Supplemental rating SMC (70% & 30% or 60%, 30%, and 10%) is a combined rating you have to have either 2 rating number that add up to 100% with the 1st being at least 60%. Or a combined rating of 3 that equals 100% (60%, 30%, and 10%) The difference between the two TDIU and Supplemental rating is the Supplemental rating you can still work. With TDIU you cannot work. (Regardless of what you may be told)

 

The other two problems I see is you made the statement that you were going to point out the evidence in your C-file for them to review. This does not happen as the ratter does not have the time to read allot in you C-file. (About 10 Min per claim by the math) The way I approach it is like this. I would set up your evidence a exhibits and name the as to what they are. (EX A Vocational Expert etc.) Write your statement and in it I would clearly point to your exhibits and state why/how they apply to what you are asking them to do.

 

Lastly, and I tell everyone this. The reason why you hire an attorney is to separate you from the emotions on the issues. Also for the resources and knloge that they bring to the issues that you and I don't have access to. From what I have read you are letting you emotions get in the way. IMHO I hope it helps. I wish I had more time here to help but I am tied with some of my own legal issues.