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winkjo

Been Bothering Me For Days!

Question

Soc Sec ALJ awarded total disability with DIB to commence on January 1, 2003. It seems--according to my Service Officer--that TDIU will be awarded very soon. If my DIB was initiated on 1/1/'03, why would an EED for newly granted TDIU not be the same start date as DIB ? I felt that it should be same-same, but my SO says not neccessarily so (???) B)

If there are some opinions, if not the gospel out there amongst us, I think many of us may benefit from good feed back on this one!

Winkjo

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Soc Sec ALJ awarded total disability with DIB to commence on January 1, 2003. It seems--according to my Service Officer--that TDIU will be awarded very soon. If my DIB was initiated on 1/1/'03, why would an EED for newly granted TDIU not be the same start date as DIB ? I felt that it should be same-same, but my SO says not neccessarily so (???) B)

If there are some opinions, if not the gospel out there amongst us, I think many of us may benefit from good feed back on this one!

Winkjo

If you did not make a formal claim for TDIU on your 2003 date, then you are outta luck. And, I mean a claim using the "proper" claim form, etc. (I know, I know, about the so-called "inferred" claims, but you can forget the VA making any inferred claims for you, ain't gonna happen......)

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I always use my husband's claims example on these questions.

He was 30% SC in 1984.

He filed for increase and TDIU in 1992.

SSA awarded him SSA solely for PTSD -1993- finding he was totally disabled by PTSD in 1991.

In 1997- over 3 years after he died- VA awarded posthumously-100 % P & T with retro EED to 1991.

1991 date was about one year prior to their receipt of his TDIU claim which they never acknowledged at all.Also they refused to get his SSA records until I raised Hell.

The medical evidence supported an award back to 1991.

I am anxious to see if anyone here ever got more than one year retro - that year which preceded the TDIU receipt form date,

If the SSA award is SOLELY for SC conditions,TDIU should be granted but the VA usually uses the date of the TDIU form for the EED.

They save $$$$ by doing that and reps often support the mantra of the so called 70% criteria before they will consider TDIU. It is a fallacy.

The VA must consider TDIU when the medical evidence warrants it.Regardless of the % of SC. But they will NOT consider TDIU without formal receipt of the TDIU form.

Edited by Berta

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Looks like Larry and I were on line here at the same time- he put it more appropriately than I did.

He is RIGHT.

I think most vets should file for TDIU YESTERDAY and also I feel the VA should attach the TDIU form to every claim decision for higher rating.

When I saw my former reps search all over their office for a TDIU form one day- I was shocked. I put the form on a floppy over 9 years ago and have been whipping it out to vets ever since.

I found out for myself by using it for an NSC vet that there is NO % condition whatsoever on the form.

TDIU_21_8940.pdf

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