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!

[Lemuel]

My "extra-schedular TDIU" claim was paid back to the "last day of your full time employment" as recommended to Beth Murphy, Director, Compensation Services.

Redacted documents of the process are attached.  No mention of anything other than employment.  Note the dates of the decision and the EED.

20200406 - Admin Decision_Redacted.pdf 20200408 - TDIU Review - Admin Opinion_Redacted.pdf

Edited April 9 by Lemuel

[pacmanx1]

20 minutes ago, LKF050813 said:

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.

That is what the VA did to me. I was rated 90% and had a few claims on appeal and the VA decided to grant me 100% scheduler P & T and denied my TDIU claim stating it was moot. My appeals have been running and pending for quite some time. I finally was awarded two separate EEDs back to 1998 but the VA has been fighting me all the way to the CAVC (Court of Veterans Appeals). 

It is possible that with your new IMO (Independent Medical Opinion) that the VA may catch it and correct your rating percentage and effective date, just be prepared to file an appeal and fight for your benefits. 

[LKF050813]

18 minutes ago, Lemuel said:

My "extra-schedular TDIU" claim was paid back to the "last day of your full time employment" as recommended to Beth Murphy, Director, Compensation Services.

Redacted documents of the process are attached.  No mention of anything other than employment.  Note the dates of the decision and the EED.

20200406 - Admin Decision_Redacted.pdf 175.15 kB · 1 download 20200408 - TDIU Review - Admin Opinion_Redacted.pdf 146.23 kB · 1 download

Thank you for providing these! I just read through them and see that you applied for TDIU within a year of separation. Do you think that's why they were willing to push your date back? I haven't been employed since I left the navy 13 years ago and I have a psychologist IMO that states I have not been capable of gainful employable since that July 2011 date...but I only filed for TDIU 6 months ago because I had no idea it even existed.

[LKF050813]

4 minutes ago, pacmanx1 said:

That is what the VA did to me. I was rated 90% and had a few claims on appeal and the VA decided to grant me 100% scheduler P & T and denied my TDIU claim stating it was moot. My appeals have been running and pending for quite some time. I finally was awarded two separate EEDs back to 1998 but the VA has been fighting me all the way to the CAVC (Court of Veterans Appeals). 

It is possible that with your new IMO (Independent Medical Opinion) that the VA may catch it and correct your rating percentage and effective date, just be prepared to file an appeal and fight for your benefits. 

Crap. That's what I'm afraid is going to happen to me too. The psychologist IMO is enough to get me 100% on mental health alone, plus I'm looking at increases on some of my other s/c stuff. I don't know what to do at this point. ugh! SMH

[Lemuel]

2 hours ago, LKF050813 said:

Thank you for providing these! I just read through them and see that you applied for TDIU within a year of separation. Do you think that's why they were willing to push your date back? I haven't been employed since I left the navy 13 years ago and I have a psychologist IMO that states I have not been capable of gainful employable since that July 2011 date...but I only filed for TDIU 6 months ago because I had no idea it even existed.

I did not apply until 1987.  I did apply for my head injury and hope to get my epilepsy EED to 1974 when I got out of the Navy.  I was having partial and complex partial seizures that were seen as me being "drifty".  I could talk myself into a job because of anosognosia, I was unaware of what was happening.  The VA still will not diagnose anosognosia.

I had a parttime employment from 1987 to 1990 when my state disability ran out thinking I could keep up a 20 hour per week job by putting in more hours.  It did not work.  The employer's statement is what was the convincing item in 2020.  A 1990 BVA hearing ignored the 2nd page.  It was a sheltered employment by someone who wanted to help a veteran.

The point is, the date of my extra-schedular claim was ignored and the date of my last fulltime employment was used to determine the effective date.  That is why I recommend anyone who is applying for TDIU that has not been employed for more that a year or has worked only parttime apply through the extra-schedular opportunity.

[LKF050813]

3 minutes ago, Lemuel said:

I did not apply until 1987.  I did apply for my head injury and hope to get my epilepsy EED to 1974 when I got out of the Navy.  I was having partial and complex partial seizures that were seen as me being "drifty".  I could talk myself into a job because of anosognosia, I was unaware of what was happening.  The VA still will not diagnose anosognosia.

I had a parttime employment from 1987 to 1990 when my state disability ran out thinking I could keep up a 20 hour per week job by putting in more hours.  It did not work.  The employer's statement is what was the convincing item in 2020.  A 1990 BVA hearing ignored the 2nd page.  It was a sheltered employment by someone who wanted to help a veteran.

The point is, the date of my extra-schedular claim was ignored and the date of my last fulltime employment was used to determine the effective date.  That is why I recommend anyone who is applying for TDIU that has not been employed for more that a year or has worked only parttime apply through the extra-schedular opportunity.

Ok my apologies, I definitely skimmed through your paperwork too quickly and thought you got out in 1985. It's great they eventually gave you an EED that went so far back. I had no hope of that when I started this claim.

So my story is I have an 82% rating P&T from July 2011. This is my first attempt at an increase of any kind and also at TDIU. They have been filed concurrently. I have not been able to work since my medical retirement from the Navy and have an IMO DBQ stating my mental health rating of 50% should increase to 100% and that based on a medical record review, I have been unable to work since July 2011. 

2 problems may present themselves:

1) The VA may rate me at 100% P&T and then toss the TDIU claim, which makes it hard for me to ask for an EED for TDIU.

2) If I get the TDIU awarded, how do I ask for the extra-scheduler EED? Since it's already filed, can I amend it? Do I just add a statement to the IMO asking for the effective date for TDIU to be my last day of gainful employment?

My VSO did not even want me to apply for TDIU because he prefers the P&T route, but knowing what I know now, it seems I should have applied for TDIU first and then go after increases...but I've rung the bell so not sure how to pivot at this point.