When Is Retro Pay Start Day?

[13Bcannoncocker]

Wondering about when back pay retro would start. From your new open claim date? Or can it be established when you stop working and are considered unemployable from your previous employer and doc's? Since it took me one year of no employment and know idea that TDUI even existed. And I was in and out of hospitals with little to no way of even starting a new claim if I even knew. Basically I haven't worked since 01/13. Started my new claim for TDUI 02/14. Nobody seems to no the answer to this lol:)

Edited March 5, 2015 by 13Bcannoncocker

[13Bcannoncocker]

There's just that one year 2013 I had no income. But hey I just received retro this morning via direct deposit, and I'm a happy man to even get the one year retro! :) Thanks everyone!

[Berta]

"I got out of the Army FEB 2008 started my claim as I was out processing. During my first c&p exams the doc even ask if I wanted 100% and".......etc

If you were TDIU at that time, by medical evidence, the retro should go back to the last day after your discharge.

Not enough info here to be sure however...

Also a favorable EED of one additional year is available if a vet gets a SSDI award solely for the same condition, within one year prior to filing the TDIU claim....I think I am exoplaining that wrong and the regulation is here somewhere.

Personal example.

Husband was 30% SC for PTSD. filed for higher rating in 1992 or 3 and TDIU in 1993 or 1994

Posthumous accrued award for 100% SC PTSD.

Back to Nov 1, 1991 The date the SSA gave him for SSDI solely due to PTSD.

SSA used his VA records. It took SSA a few months. It took the VA about 4-5 years.

[iceturkee]

Agree with all of the above. I was awarded IU on at a 06/14 DRO hearing. Hearing was for other issues NOD'd back in 10. IU NOD was from 09/12 Denial of Inferred IU Claim filed 2011. Currently the VA Gainful income figure for 1 person per US Poverty Level is $12.400.00 (under 65) and $11,400.00 (over 65). Another thing to consider, many a 90% SC Vet has been denied IU because the rater saw evidence of a College Degree. In some cases the degree was from 30 yrs ago. The Vets got denied because they didn't have a Professional Employment Councilor, VA or Private, opine as to their inability to be retrained to do even Sedentary work. The rater's are not concerned with your unemployment or under employment situation unless it is a direct result of your SC issues. Even then, if there is any evidence (Advance Degrees or Training) you could have a problem.

Give consideration to filing for VA Vocational Rehabilitation Program, a Denial Letter from a VA Councilor would be about the Best Evidence of your IU you could get. It worked for me.

Semper Fi

Gastone

i earned my college degree before i first enlisted. this was one of the reasons the raters used to award IU.

[Gastone]

Ice: The rater referred to your Degree as supportive evidence for IU? Very interesting indeed. In general, I can't recall ever seeing the Rater's refer to a Prior College Degree as evidence of IU. Actually quite the opposite, the earning of an advanced educational degree indicates, even many years prior to the IU filing, in the Raters opinion that the Vet should be capable of being retrained to do at the very least a Sedentary job that would provide "SGI." That's where the Vocational Rehab Specialist opinion becomes crucial. Just because you were able to earn a Degree years ago, doesn't mean you have all the same mental and physical factors functioning currently at that same level.

What wording did your Rater use in reference to your earlie Degree and how it affected your current IU? Any and all info would be appreciated and probably quite helpful to our bro/sis Vets.

Semper Fi

Gastone

[MPsgt]

i earned my college degree before i first enlisted. this was one of the reasons the raters used to award IU.

Iceturkee, I would believe your statement to be true. If your degree and the career following it would be adversely affected by any mental health issues.

Ex. Criminal Justice Degree with SC for PTSD w/ TBI

[iceturkee]

Ice: The rater referred to your Degree as supportive evidence for IU? Very interesting indeed. In general, I can't recall ever seeing the Rater's refer to a Prior College Degree as evidence of IU. Actually quite the opposite, the earning of an advanced educational degree indicates, even many years prior to the IU filing, in the Raters opinion that the Vet should be capable of being retrained to do at the very least a Sedentary job that would provide "SGI." That's where the Vocational Rehab Specialist opinion becomes crucial. Just because you were able to earn a Degree years ago, doesn't mean you have all the same mental and physical factors functioning currently at that same level.

What wording did your Rater use in reference to your earlie Degree and how it affected your current IU? Any and all info would be appreciated and probably quite helpful to our bro/sis Vets.

Semper Fi

Gastone

as you meet the schedular criteria for consideration to individual unemployability, and we concede based on your employment and education history, and your level of service connected disability, that ir would likely be difficult for you to obtain and maintain gainful employment, entitlement to individual unemployability is granted.

for the record, i earned my degree before enlisting in 1974. after the military, i spent 11 years working as a reporter.

Edited March 16, 2015 by iceturkee