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Bravo6

Effective Date Of Tdiu

Question

I was awarded TDIU in March 2010......paid retro to the date of my TDIU application from Sep 2009.

I haven't worked since Dec 2005......with that being said, I need to know the CFR with the sub-paragraph for my NOD that states that I can go back from one year of the date of the IU application.

I hope you can understand what I'm asking for!

Thanks for the help and advice!

B6

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Should I quote this in my NOD, or am I missing something?

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 4—SCHEDULE FOR RATING DISABILITIES

Subpart A—General Policy in Rating

§ 4.18 Unemployability.

A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

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What was your last Job? What was the reason why you stopped working? What evidence did you submit to VA in 2005 that warrants the fact that your TDIU should go back that far? Did you file for TDIU in 2005? What were your rating percentages in 2005? So many questions, would to need to know what was going on with you in 2005 to give a better answer?

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What was your last Job?

I was a training analyst with a major petroleum company in New Orleans.

What was the reason why you stopped working?

Because of continued problems SC condition(s) plus Hurricane Katrina! I lost my home!

What evidence did you submit to VA in 2005 that warrants the fact that your TDIU should go back that far?

I submitted no evidences in 2005. I was under the impression that I was not at the required level (70%) to apply for TDIU. I was at 60% since 2001 from my initial VA rating. Now I know that was BS on the required level to file TDIU.

Did you file for TDIU in 2005?

No.

What were your rating percentages in 2005?

Total: 60%

30% Right lower leg (IM Nailing)

20% Fused 2nd digit right foot

10% Scar, right medial calf

10% Scar, right lateral calf

10% Lower lumbar (DDD) - I was LOW balled, but didn't realize it until I had MRI in Dec 2009!

Plus a few 0% for other scars

So many questions, would to need to know what was going on with you in 2005 to give a better answer?

I'm only trying to go back until Sep 2008 for retro pay........I was NOT seen from Aug 2005 until Dec 2008 because of not knowing where to be treated for my SC conditions. The VA had no hospital or clinics until the summer of 2008 in the area I lived.

Edited by Bravo6

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I know I have asked these questions but now I am looking at year 2008 instead of 2005. It appears that I see no reason why VA would pay you back to 2005. In order for you to get any type of retro pay, you would have to prove that VA had made some kind of mistake or you filed a NOD that is not completed

What evidence did you submit to VA in 2008 that warrants the fact that your TDIU should go back that far?

Did you file for TDIU in 2008?

What were your rating percentages in 2008? This could help but still need to know what they were in 2008 or when you met the minimum requirements and if VA considered TDIU at that time. Others may chime in but I still need more.

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I know I have asked these questions but now I am looking at year 2008 instead of 2005. It appears that I see no reason why VA would pay you back to 2005. In order for you to get any type of retro pay, you would have to prove that VA had made some kind of mistake or you filed a NOD that is not completed

What evidence did you submit to VA in 2008 that warrants the fact that your TDIU should go back that far?

Did you file for TDIU in 2008?

What were your rating percentages in 2008? This could help but still need to know what they were in 2008 or when you met the minimum requirements and if VA considered TDIU at that time. Others may chime in but I still need more.

I was under the impression that VA would pay back from one year of the IU application. Thus the reason I'm asking about the retro going back to Sep 2008. I haven't worked in 2006 - present!

I'm starting to get what you are saying, so I think I may have NO case in getting retro back to Sep 2008.

I'm really grateful that I did get granted IU, but I don't want to beat a dead horse nor may waves with the VA! I hope you can understand what I'm saying!

Pete, I appreciate your advice and guidance!

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