7-Day Decision on a 30-year-old Matter: Entering The Guessing Period

[ljl]

I just found out the VA made a decision on a supplemental claim I filed only a week ago concerning a now 30-year-old claim. The matter involves an earlier effective date for TDIU to match the recent grant of an earlier effective date for service connection for GAD. They denied the EED for TDIU based primarily on the now-defunct date of service connection for GAD in 2017 so I sent them that decision along with evidence supporting my inability to earn a decent living for almost thirty years. I averaged over that time, $6000 dollars a year.

How much consideration went into records that support a retroactive rating the same as my current of 70% I don't know but most of the supporting documents are long-gone. I made the unavailability of those records as a part of my argument as I was granted the EED for service connection for GAD under 38 cfr 3.156(c) where service records are added to your file later on that prove your case.

Nervous because they decided so fast - 7 days. Has anyone else had such a lightening-fast decision and if so, how'd it go?

Disclaimer: I understand I only have to wait a few days for an answer but I'm now caught in that guessing frame of mind that won't abait until I found out.

[ljl]

On 1/28/2022 at 4:17 AM, Berta said:

A 70% rating would trigger the VA to "consider" TDIU.

I was mistaken on that.and removed it. Turns out they awarded a 100% rating rather than TDIU (back then) if there was a single mental health issue at 60? or 70 percent or above and the veteran couldn't work gainfully.

They rated me 50 percent using NONE of the records that were added to my file later that proved my case and led to service connection at 70 percent. They rated me at 50 for the entire retroactive period of 27 years. My records contain information that is undeniably in the 70 percent range so I've decided to start with a retrospective medical opinion going back to 1990 as additional evidence in a supplemental claim on the rating decision to also most likely include an occupational retrospective evaluation.

This would be a supplemental claim on the ratings decision when I was awarded the earlier effective date for GAD - a different claim. It seems like It would be the fastest immediate route.

Edited February 6, 2022 by ljl