tdiu Inferred Tdiu

[Donna]

My husband received another VCAA informing him they were working on a claim for TDIU. He never filed a TDIU. Upon further investigation through our VSO and Jim Strickland, we found out: When the VA receives a claim for a disabling disease that is now presumtive, if there is sufficient evidence included that the Vet is unable to work due to this disease, a TDIU will be generated by the VA and adjudicated together. We did not fill out the TDIU request because my husband has a AICD implant and should be rated 100%, therefore making the TDIU moot. Checked the box, no other evidence, please decide my claim in 30 days. If the rating comes back less than 100&, will be working on a NOD, not a TDIU. This change will help Vets with an expectation of a rating 60-90%....wanted to pass it on.

[john999]

If it was me I would fill out the IU form because when you get 100% it becomes moot, but in the meantime you might collect TDIU. Never turn down a chance to collect. Take the bird in hand.

[Donna]

He would not fit into the criteria right now. He is 10% hearing loss and denied IHD back in 2006. Waiting for the IHD to be re-adjudicated. AICD implant in 2004. Thanks

[john999]

If you file now for IU when he does meet the criteria then they pay back to the date you asked for IU. This could mean a few years of retro IU. Which ever way they go 100% schedular or IU you get 100% benefit. You should always try for earliest effective date on any benefit. If the VA inferred it I would file for it.