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Retro Pay Question

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ironsoldier77

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I filed for TDIU on Dec 9, 2008. It was denied on Oct. 26th 2009. Towards the end of last month I put in a new claim for reconsideration for TDIU and TBI. Am I correct to assume that the retro pay will go back to the date of Dec 9,2008? Or will it go back to the date of when I had to quit my job because of my PTSD, which was in November of 2008? Also, will the VA see that I applied for TDIU in 2008 or will they only see the new date of file for reconsideration which is August 25,2010? I was also awarded SSDI on Jan 5,2009 because of my PTSD. They only list it as "anxiety and mood disorder" but my records clearly show that its PTSD that I was complaining about, from being in 2 combat tours for OIF. Thanks to all for any input! You guys are a great help for us veterans that are struggling.

I am about to be going to the biloxi PTSD clinic in the next coming months for 2 weeks. I have appointments all the way up till November for Meditation therapy at the VA outpatient clinic. My mental health doctor thinks its time for me to get more intense therapy. Thats why im going away for 2 weeks to Biloxi.

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I filed for TDIU on Dec 9, 2008. It was denied on Oct. 26th 2009. Towards the end of last month I put in a new claim for reconsideration for TDIU and TBI. Am I correct to assume that the retro pay will go back to the date of Dec 9,2008? Or will it go back to the date of when I had to quit my job because of my PTSD, which was in November of 2008? Also, will the VA see that I applied for TDIU in 2008 or will they only see the new date of file for reconsideration which is August 25,2010? I was also awarded SSDI on Jan 5,2009 because of my PTSD. They only list it as "anxiety and mood disorder" but my records clearly show that its PTSD that I was complaining about, from being in 2 combat tours for OIF. Thanks to all for any input! You guys are a great help for us veterans that are struggling.

I am about to be going to the biloxi PTSD clinic in the next coming months for 2 weeks. I have appointments all the way up till November for Meditation therapy at the VA outpatient clinic. My mental health doctor thinks its time for me to get more intense therapy. Thats why im going away for 2 weeks to Biloxi.

I'm certainly no expert, but I believe you will keep the December 2008 effective date as long as you are working on that claim. If your request for reconsideration has not resulted in a new decision prior to October 26, 2010, you must appeal the October 26, 2009 denial decision with a Notice of Disagreement before October 26, 2010. Don't let your year run out waiting on the reconsideration.

I'm sure that others will soon chime in. Good luck!

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I filed for TDIU on Dec 9, 2008. It was denied on Oct. 26th 2009. Towards the end of last month I put in a new claim for reconsideration for TDIU and TBI. Am I correct to assume that the retro pay will go back to the date of Dec 9,2008? Or will it go back to the date of when I had to quit my job because of my PTSD, which was in November of 2008? Also, will the VA see that I applied for TDIU in 2008 or will they only see the new date of file for reconsideration which is August 25,2010? I was also awarded SSDI on Jan 5,2009 because of my PTSD. They only list it as "anxiety and mood disorder" but my records clearly show that its PTSD that I was complaining about, from being in 2 combat tours for OIF. Thanks to all for any input! You guys are a great help for us veterans that are struggling.

I am about to be going to the biloxi PTSD clinic in the next coming months for 2 weeks. I have appointments all the way up till November for Meditation therapy at the VA outpatient clinic. My mental health doctor thinks its time for me to get more intense therapy. Thats why im going away for 2 weeks to Biloxi.

You posted that you filed first in DEC. 2008 for TDIU and VA did not decide your claim until OCT. 2009. You have a year to file a NOD but you filed a request for reconsideration around July/August time frame and that is within the year for you to appeal. If VA awards your claim for TDIU, it "should" go back to the 2008 date when you filed your TDIU claim.

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Thanks thats what im thinking as well. I was also worried about not appealing the Oct 26 2009 denial with NOD. I'll have a chat with my VSO and go from there. He always seems to know his stuff. Thanks again! OH yeah! Almost forgot.....I did ask to appeal the denial but my VSO said we should do a reconsideration because he said its faster for some reason.

I'm certainly no expert, but I believe you will keep the December 2008 effective date as long as you are working on that claim. If your request for reconsideration has not resulted in a new decision prior to October 26, 2010, you must appeal the October 26, 2009 denial decision with a Notice of Disagreement before October 26, 2010. Don't let your year run out waiting on the reconsideration.

I'm sure that others will soon chime in. Good luck!

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Ok...correct me if Im wrong. So what your saying is I shouldn't have to worry about putting in a NOD before Oct 26th?? Is the "reconsideration" basically the same? This VA stuff is so confusing, but Im slowly starting to understand:wacko:

You posted that you filed first in DEC. 2008 for TDIU and VA did not decide your claim until OCT. 2009. You have a year to file a NOD but you filed a request for reconsideration around July/August time frame and that is within the year for you to appeal. If VA awards your claim for TDIU, it "should" go back to the 2008 date when you filed your TDIU claim.

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NO, if VA does not make a decision on your request for reconsideration then you need to file a NOD. A request for reconsideration is not the same as filing a NOD. A request for reconsideration is supposed to be faster but keep in mind that you are very close to your time expiring to filing your NOD.

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Ok, gotcha! Ill get my VSO to help with the NOD. I dont want to take any chances! Thanks for your help!!

NO, if VA does not make a decision on your request for reconsideration then you need to file a NOD. A request for reconsideration is not the same as filing a NOD. A request for reconsideration is supposed to be faster but keep in mind that you are very close to your time expiring to filing your NOD.

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