Nexus letter if I have photographic proof?

[LKF050813]

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!

[pacmanx1]

5 minutes ago, LKF050813 said:

I was also rated on 5 other physical disabilities not related to mental health, for a total combined rating of 82%. I’ve somehow never read this report before, so I find it very interesting they said all of this. It also makes me wonder why the VA didn’t consider me for TDIU back then when it was clearly stated in the evaluation report that it was impairing my ability to work so severely that they ultimately fired me (my words not theirs).

If I decided to file for extra-secular TDIU, would I do it before they decide on the regular TDIU claim I have open or let the dust settle and then go back for the extra secular?

I would suggest getting the new medical opinion and go from there, it should explain a lot and give a greater detail or picture of your medical situation.  By not awarding you TDIU back in 2010, it saves the VA a whole lot of money. 

[LKF050813]

18 minutes ago, pacmanx1 said:

Unfortunately, the SSA and the VA are two different animals or chains of thoughts. Typically, the SSA will only pay back, or retro pay back to two years after your last application. Meaning you will win your benefits, but you will not get paid for the entire time. Unlike the VA, VA is different as to the VA will retro pay back to the date you filed your original claim or back to the date of your discharge if you filed within a year of retirement. Either way it should really help. Now for the bad news, because you retied, I am pretty sure you may have to file an audit after all your decisions come through. Best Wishes

Thank you for the reply! Can you expound upon the last sentence? Would I be filing an audit for my original 2011 rating decision?

[pacmanx1]

2 minutes ago, LKF050813 said:

Thank you for the reply! Can you expound upon the last sentence? Would I be filing an audit for my original 2011 rating decision?

What I mean is once all your claims and or appeals are completed, after the VA and the SSA makes their decisions, and long after you have filed your claims, just keep an eye on the dollar amount of your monthly benefits. You can look up what a 100% veteran makes and the SSA office should send you a letter of what your monthly benefits should be. The request for an audit would simply be to make sure that your retro benefits were paid correctly. This is just a heads-up and not to scare you.

[LKF050813]

2 minutes ago, pacmanx1 said:

What I mean is once all your claims and or appeals are completed, after the VA and the SSA makes their decisions, and long after you have filed your claims, just keep an eye on the dollar amount of your monthly benefits. You can look up what a 100% veteran makes and the SSA office should send you a letter of what your monthly benefits should be. The request for an audit would simply be to make sure that your retro benefits were paid correctly. This is just a heads-up and not to scare you.

Ahhh, ok gotcha. So an audit on the retro SS pay if it doesn’t add up correctly. Thank you for clarifying!

So I’ve been reading other posts and just figuring out the terminology I should be using. Is it possible to get my EED for TDIU (if awarded) changed from date of intent to file to my retirement date if my doctors DBQ and report state I have been unemployable since that date?

[pacmanx1]

It is possible but keep in mind that most EEDs (earlier Effective Date) stem from when the veteran actually files his/her claim. Depending on what the VA and or the SSA decisions are you may very well have to get an attorney for both. I believe we are talking about some serious back pay, and you may need some hired attorneys on your side just like the VA and the SSA will have on their side. The key would be to get the granted decision and then go for the correct effective date with the VA. The SSA will normally try to set the onset date around your most recent opened application.

Edited April 9 by pacmanx1

[LKF050813]

Ok that’s a plan I can get behind. I just know I’m running out of time before a decision is made on this current claim and wanted to make sure I’m even doing it right.

Since I’m applying for an increase on s/c and TDIU at the same time, will the VA drop the TDIU claim if I hit 100% scheduler? I have a doctor stating I haven’t been able to work since 2011, but if they decide in favor of the 100% scheduler, I don’t think I could get the EED changed for my s/c mental health diagnosis.