TDIU increase and other issues

[Rivet62]

So, I'm updating my back issues with physical therapy findings. VA sees records dated 4 years ago, but things have changed for the worse.

I'm filing for TDIU but I would also like to file for other increases too just in case TDIU is denied or it takes forever.

Is that possible?

Edited January 28, 2022 by Rivet62

[Rivet62]

1 minute ago, ArNG11 said:

Mind you they don't have to follow suit, however, I didn't really give them a choice.

LOL... Yeah. I think the opportunity for me to press that point is cite SSA's decision in the Remarks section of the TDIU request form (VA Form 21-8940) but darn I am running out of space there. I don't trust attachments.

5 minutes ago, ArNG11 said:

Filing for IU, I mean the VA has to raise those issues legally when they where informed that you retired medically. Don't hold me to this conclusion, but it gets into the realm that the VA knew that your service connected disabilities were part of the reason of your difficulties in sustaining gainful employment at which point the issue of IU should come up.

Right. I am sort of hopping on one foot, blind folded with my hands tied behind my back on these nuances...not having a copy of C-File. The best I can do is state that VA had the evidence before them when they researched my VA medical record which led to an additional condition of 10% as stated on the SOC. VA looked through my medical record to arrive at the partial increase stated on their SOC. I have to argue it. I'm not placing my hopes that VA will, on their own, give me the right effective date. I'm pretty sure I'll have to argue it later.

9 minutes ago, ArNG11 said:

I would discuss the issues with the attorney as he would be the expert in the interpretation of the law, however, I have learned in my experiences not to rely solely on an attorney.

Gosh. That's similar to my experience too. LOL

11 minutes ago, ArNG11 said:

Discuss when there is something that is contrary to the regulations and laws that apply to your case with the medical evidence that was used for your claims decisions.

Yeah, I think my position is to raise that at the RO level in a supplemental claim and submit the application for TDIU on the existing rating.

[Rivet62]

24 minutes ago, Berta said:

This is something as far as EEDs go re: TDIU and an additional one year EED to the date of the claim.

 

https://cafc.uscourts.gov/sites/default/files/opinions-orders/09-7104.pdf

Has anyone told you how utterly valuable you are to us here?  

24 minutes ago, Berta said:

After he died the claim was still pending and the VA awarded me, his surviving spouse, as accrued , an EED of the date SSDI had declared him unemployable due to his PTSD.  EED November 1991.

 

That sheds light on a lot of what we're discussing here, but it saddens me that your husband died first. Ideally, the two of you should have enjoyed a well won vacation.

 

24 minutes ago, Berta said:

f he had not died perhaps the VA would have considered an extraschedular TDIU ---(maybe-he was only at 30% PTSD , but had significant medical records to support the TDIU) .But they cant award TDIU to a dead person, so they awarded 100% P % T SC due to SC  PTSD back to Nov. 1991.

 

100% SC  is made P & T by death.

But of the time which elapsed in which he might have received TDIU, you as his wife (and spouse for increased pay) would have benefitted. I'm questioning the VA logic. Not you. On the other hand, TDIU is like a contractual agreement and if the recipient is dead then there is no further tests of continued TDIU. The insight of what you're saying here is life lesson on how VA views TDIU ultimately.

If I were to die, before retro pay for TDIU is realized, then my adult daughter (who is not a dependent) could not benefit at all in my estate. It would be cut and dried if I got my TDIU retro pay, and paid off the house that I have willed to her. If I die before retro pay of TDIU then she would have to sell the house to pay off the existing mortgage.

Edited January 29, 2022 by Rivet62

[Rivet62]

10 minutes ago, ArNG11 said:

Emotions and pain get in the way of reasonable thinking at times for me.  Well to be frank, it is most of the time but I don't want to beat a semi -dead horse.

I can relate to that, in my own way, as it pertains to me and mine. You don't want to beat a dead horse, but it's hard to keep the mind from cycling through it.

[ArNG11]

Rivet62 did you write you don't have a copy of your Cfile.  What about your attorney does he not have a copy?   This is the digital age and it is imperative to your claims that you have this information.  I have multiple copies, both hard copies, CD Rom, and multiple electronic copies.   Mind you I am paranoid individual but I make sure I know what evidence was used in my claims decisions.  The VA is the most formidable entity that I have ever had to deal with much worse than Department of Labor, Social Security, OPM combined believe me that is saying something.

[ArNG11]

3 minutes ago, Rivet62 said:

I can relate to that, in my own way, as it pertains to me and mine. You don't want to beat a dead horse, but it's hard to keep the mind from cycling through it.

Yup that is sometimes my problem.  Gotta know which fight to fight, when to fight it, and when to acquire another more attainable target.

[Rivet62]

1 minute ago, ArNG11 said:

Gotta know which fight to fight, when to fight it, and when to acquire another more attainable target.

excellent way to put it