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Greetings, Hadit family

   As I’m currently waiting at the BVA for my appeals, I was reading over one of my denials. The VA put down something I was never appealing, which was IU effective date. I never was challenging that, I was challenging my rating effective date, that made me IU. I was determined to be IU from my PTSD alone, so I was challenging my effective date on my PTSD and not IU.

   It’s like they changed the narrative on this appeal which fits their story for a denial. They’re correct in the denial of the IU effective date because of my rating for PTSD. I clearly put down on the form what I was challenging and still have it uploaded to my file, which states PTSD effective date wrong and the year it should be. I have the evidence in my file to show that my 70 percent PTSD rating should have been a few more years prior from the date they have now, which in turn will change my IU effective date.

  Is this something worth bringing to my attorney attention or just have the BVA do their due diligence and catch this error? Is this even a big deal? Thanks for your time and any insights are well appreciated.

  

 

 

Edited by Bluntly
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  • 2 weeks later...
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IDK why this post was at the very bottom, when its a recent post, much newer than many of those ahead of it.  

So, I missed it.  

Yes, I would not leave this stone unturned, because it could mean the difference between lots and lots of retro.  

Its a rather complicated issue, because, a "claim for tdiu" is a claim for increase, so IDK if your effective date for PTSD would change the effective date for tdiu, but I cant see a good reason to risk how the BVA would interpret this question.  Instead, I would send a 21-4138 to "clarify the issues"  that you are appealing both the effective date for PTSD as well as the tdiu effective date, since this could go either way.  If it were me, I would send the form to Janesville.  I doubt the attorney would get mad because you did this without consulting him/her, but he may change his or her tune when the result comes around.  You could also mention this to the attorney, but I would take the pro active route and just send the clarification evidence in.  

For me, I would explain (briefly) that this clarification was necessary because YOU are unclear as to the legal ramifications of the issue of PTSD/vs TDIU in regard to effective dates, thus the clarification that your appeal encompass both issues.  

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@broncovet Thanks as always for your reply and feedback. I had a talk with my attorney and he mentioned that since it’s an increase then my IU is in play. So I’ll just have to wait to see how this plays as I do have faith in them. Increase and effective date issues in play, but because I asked for an increase and that increase is connected to my IU, then I guess I can understand why they brought this IU up. Thanks for reading and will post back whenever this is over with.

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Posted (edited)
On 6/26/2024 at 9:24 AM, Bluntly said:

I was determined to be IU from my PTSD alone, so I was challenging my effective date on my PTSD and not IU

Actually, I think, and I may be wrong or off but since you filed a claim for increase for your PTSD which would lead to a TDIU rating then both scenarios are on the table and depending on if the VA grants you TDIU solely for PTSD, if you have additional disability or disabilities that are rated at or combined to 60%  separate and distinct from your PTSD then SMC-S would also be on the table. 

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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@pacmanx1 thanks for your reply. I’m already TDIU because of my ptsd alone which is at 70 percent. All I was asking for was an increase on my ptsd and an effective date issue regarding the ptsd. The Va came back with “Entitlement to individual unemployability effective November 11, 2016, is continued”, which confused me because I never put that down on the form. As far as SMC, yes you’re correct that is in play also. That’s on a separate appeal also at the BVA.

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  • HadIt.com Elder

You should check out secondary conditions for PTSD.  If you have evidence of a connection between many conditions and PTSD you can get there.  I knew a guy who got a heart condition connected to PTSD.   In your situation now you want to try and get "S" and any other SMC you can get.  I was TDIU and I got "S" due to extra 60% I got for a heart condition due to agent orange.

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