hypertension Another Question On Tdiu Retro Pay?

[oldman273]

I am still confused about the effective date of TDIU. I was retired in 2001 from a Civllian Job due to SC migraines from hypertension and a non SC conditon as secondary to the Migraines. I had to fight for like 3 years with sporadic results until I was granted SC for migraines secondary to hypertension 30%. I was missing a lot of work from my job with migraine headaches emergency room visits the works. I applied for TDIU in 09/2009 I had my two CMP exams right off the bat and it has been hurry up and wait. I had thought that since I was retired from work for the SC condition Socail Security records show that it was migraines that was one of the reasons my last day worked statement is May 10 2001. I will be happy with the effective date of Novemember 01 2008 as an effective date but I just wanted to nail this down. Thanks so much as my back has gotten worse and I cannot appply for an increase in benfits until this is over a mute point if they grant me with TDIU but I do belive that if I submited my claim on my current back condition would put me over the to regudless of the TDIU with the Artheritis/nueropathy and range of motion that I am dealing with now. Thanks for your thoughts as I am a little squirley here lately. I am 80% right now but from what my civilian Nuero surgeon has stated is that the nerve dammage as shown on MRI by the VA and my back and 3 heriniated disc. The way it is I will only get worse as time progresses. I am 60% for my heart with really bad shortness of breath and no energy at all. My mets are rated at 4 from my CMP exam in 2008. I just wanted an answer or opinion from you guys.. Thanks...

[Berta]

I think they will give you the 9/09 filing date as the TDIU EED.If they make a TDIU award.

Then-if I were you use some of the retro and try get an IMO to get a more favorable TDIU date.You should NOD the decision right away as to the EED assuming they do award the TDIU.

Since the SSA award you get is as I understand it- possibly including NSC conditions. VA will not go with that award date.

Also as I mentioned before the most I have ever seen (and I believe I posted a reg on this recently ) is that VA will possibly go back one year prior to the TDIU form date for the most favorable EED.

You could attempt to prove with an IMO that ALL of the SSA conditions were SC eventually.

Still that would only give the additional year retro that way too.

I always use my husbands claim as example.

1983 SC 30% for PTSD

1993 SSA award for stroke(NSC at that time -became SC under 1151)

1993 We filed Reconsideration Request with SSA

1993 TDIU form filed (never acknoweldeged by VA)

1993 new SSA award solely for PTSD as of 1991

1997 VA award for PTSD 100% P & T - EED 1991

It depends on the medical evidence.

WAIT a Minute- did I just lose months of my life in 2009?

I think you mean you filed in Sept 2008. ?????

[yoggie2]

I am still confused about the effective date of TDIU. I was retired in 2001 from a Civllian Job due to SC migraines from hypertension and a non SC conditon as secondary to the Migraines. I had to fight for like 3 years with sporadic results until I was granted SC for migraines secondary to hypertension 30%. I was missing a lot of work from my job with migraine headaches emergency room visits the works. I applied for TDIU in 09/2009 I had my two CMP exams right off the bat and it has been hurry up and wait. I had thought that since I was retired from work for the SC condition Socail Security records show that it was migraines that was one of the reasons my last day worked statement is May 10 2001. I will be happy with the effective date of Novemember 01 2008 as an effective date but I just wanted to nail this down. Thanks so much as my back has gotten worse and I cannot appply for an increase in benfits until this is over a mute point if they grant me with TDIU but I do belive that if I submited my claim on my current back condition would put me over the to regudless of the TDIU with the Artheritis/nueropathy and range of motion that I am dealing with now. Thanks for your thoughts as I am a little squirley here lately. I am 80% right now but from what my civilian Nuero surgeon has stated is that the nerve dammage as shown on MRI by the VA and my back and 3 heriniated disc. The way it is I will only get worse as time progresses. I am 60% for my heart with really bad shortness of breath and no energy at all. My mets are rated at 4 from my CMP exam in 2008. I just wanted an answer or opinion from you guys.. Thanks...

I think Berta is right on top of this one, unless a doctor took you off work your EED is when the 2009 date of tdiu was given I guess that was this year some tiime....

[oldman273]

I think they will give you the 9/09 filing date as the TDIU EED.If they make a TDIU award.

Then-if I were you use some of the retro and try get an IMO to get a more favorable TDIU date.You should NOD the decision right away as to the EED assuming they do award the TDIU.

Since the SSA award you get is as I understand it- possibly including NSC conditions. VA will not go with that award date.

Also as I mentioned before the most I have ever seen (and I believe I posted a reg on this recently ) is that VA will possibly go back one year prior to the TDIU form date for the most favorable EED.

You could attempt to prove with an IMO that ALL of the SSA conditions were SC eventually.

Still that would only give the additional year retro that way too.

I always use my husbands claim as example.

1983 SC 30% for PTSD

1993 SSA award for stroke(NSC at that time -became SC under 1151)

1993 We filed Reconsideration Request with SSA

1993 TDIU form filed (never acknoweldeged by VA)

1993 new SSA award solely for PTSD as of 1991

1997 VA award for PTSD 100% P & T - EED 1991

It depends on the medical evidence.

WAIT a Minute- did I just lose months of my life in 2009?

I think you mean you filed in Sept 2008. ?????

Yes I do thank you I meant 2008 Like I said I am a little squirely here lately. I do want to thank you and others who know the system. I only get one side sometimes. I will get a definte answer here real soon though I belive it will be exactly what you stated. Thanks so much...