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Tdiu - Almost Ready To Send In The Form

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hedgey

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Okay. The form is filled out, signed & copied. The letter from my IMO doctor which states that my PTSD, etc., makes working impossible is copied and attached. Almost ready to fold this puppy up and put it into the envelope (heart thumping again, mouth getting dry!)

But, I have one more bit of information. Yesterday I finally read the report of my Comp & Pen for PTSD. Not fun, not fun at all. The examiner did diagnose me with PTSD with MDD secondary, and said it was definitely SC (I expected that since they approved my claim).

BUT, on the last page there's a section called EMPLOYABILITY which says: "The Veteran appears to have discontinued employment due to a major depressive episode in 1997. The Veteran's recurrent depression and PTSD symptoms very likely make her unemployable"

So, my question is, should I request that my TDIU be made P & T? Should I ask for that on this initial TDIU claim, or make a separate request later?

Also, since the examiner indicates that I stopped working due to my SC condition, do you think I might have a shot at retro? If so, should I mention it as part of this initial TDIU claim or again, make a separate claim afterward?

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hedgey--- believe it or not I'm sitting with the same apprehentions-- I'm going to take this and turn it in at the varo tommorow.

My so sez no don't, but what I've heard It will at least set a date for future responses-they can only say no.

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John, our VARO is 6 hours away, so that's not really an option. I wish I could!

What's this about back-dating TDIU to a year back? I might qualify for that - a year ago I was in one of the VA PTSD programs for a few weeks. I've had the PTSD dx in my VA records since 2008. Oh, that would be sweet, if I could get it back dated. How would I ask for that?

Bandido, yes!! Get that form filed! (from the mouth of a first class procrastinator LOL!)

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hedgey,

If you have evidence that is dated earlier (within 12 months) and that applies to your issue of IU due ONLY

to service connected disabilities, just submit it along with the IU form (21-8940) that you are now submitting.

Write a little note that due to this evidence you feel you qualify for IU as of this date.

First your IU would need to be granted and assigned an effective date.

After that, if you disagree with the effective date assigned, then you would file a NOD on it.

JMHO

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You might only get retro -from what I see here -to the date you filed the TDIU claim.

Or will file it.

We used to have a former BVA lawyer at the old Prodigy Veterans BBS -decades ago when the internet was brand new (and limited)

He basically said to many vets that - he or she who procrastinates with filing any VA claim is pissing their best EED for retro away.

Maybe he was more diplomatic than that.

The possible year prior to the TDIU EED is possible when there is significant medical evidence (such as a prior SSA award solely for same SC conditon ) that warrants the better EED.

This is how my husband who filed for VA SC PTSD increase in 1992 got an EED back to 1991 , a full year additional, because his SSA award preceded the VA award and held significant medical evidence of unemployability back to 1991 due to PTSD.

Unfortunately he died 3 years before they made the posthumous award of 100% P & T.

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The VA can go back one year from the time you applied for IU if you have evidence you were unemployable and the VA knew you were unemployable. Actually, if the VA knows you are unemployable due to a SC condition that is an inferred claim for IU.

Do happened to know the VA REG for this one? I feel I was cheated out of a year prior myself since I haven't worked since December 2005. I was granted IU back to Sep 2009 in March 2010.

Learned something new today! Thanks!

B6

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  • HadIt.com Elder

Do happened to know the VA REG for this one? I feel I was cheated out of a year prior myself since I haven't worked since December 2005. I was granted IU back to Sep 2009 in March 2010.

Learned something new today! Thanks!

B6

Don't feel badly, B6, it took ME several months to figure out that I'D been, shall we say "shortchanged", and file for MY OWN year's worth of retro. It's ONE of two claims that I STILL have with the VA (you'd think that I would have recognized IMMEDIATELY, seeing as how I'm one of them "vso"-types, but, heck, I CERTAINLY DON'T KNOW nearly EVERYTHING (could be why I hang out HERE, HUY?)).

SO, don't beat yourself, it'll only leave red marks!

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