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Quibley

Tdiu Back Pay Question?

Question

I have been awarded 70% SC for PTSD with the claim filed on April 2009.

I have been awarded 40% SC for TBI with the claim filed in October 2009.

I have been granted TDIU with the claim filed in March 2010.

I was awarded 10% SC for tinnitus in January.

VA math says that 70 + 40 + 10 = 80%

How will my retro pay be awarded? Will I receive 70% back pay from April 2009, 80% from October 2009 and 100% from March 2010, or will they pay me 100% from April 2009?

Thanks in advance,

Quib

Edited by Quibley

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5 answers to this question

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That is really hard to say, VA should pay you back to the point where you met the minimum requirement which is April 2009 but they may fight you for it. Since you met the 70% for one condition they should have considered TDIU at that time but for what ever reason they did not but when you filled out the TDIU form, it depends on the last time you worked and the type of work it was and how you left the position. I think the board would need to know more before you would be able to get the best answer possible.

JMHO and I could be way off

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When you get your award letter it will say from what date they considered you to be IU.

I was over 70% for well over 6 years and even getting up to 90% last year and because I was working and did not apply for IU I did not get it. When I filed in Oct.09 for an increase they used that date and awarded me 100% P&T with housebound. So I guess it was because I never filed for IU and sent in the claim.

I have seen it posted here that you have to actually send in the form and ask for it I have read here that you don't??

Again wait till you get your award and if you don't like it you can always appeal but I would think twice before doing that.

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If you was not gainful employable when you received a 70% rating in april 2009 and the evidence show that you wasn't, va will pay you back to that date,but if you was gainful employable during that time you will be pay at the 70% rate and your unemployability will start the date that you file it,which was March 2010.

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The award letter should have the effective date of your TDIU. That is the date you will be paid from.

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The award letter will break it down with the dates and monetary numbers and effective dates.

J

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