tdiu Nod For Award Date

[DVET]

I recently was awarded 50% for Dysthymia but denied the deferred unemployability portion of the claim. I noticed that my VA doctor and the mental health clinic diagnosed me with Dysthymia, Biplolar, Depression, back in 2007. I was denied service connection for Bipolar in 2009, so I filed for depression in Feb. 2011. That's what I was awarded Dysthymia for effective April 2011.

My question is does anyone think I can win at the DRO level an award date of January 2007 instead of April 2011 due to my VA mental health clinic records showing the diagnosis since then. I don't know why they used the date that I filed the latest claim. I thought they would see the Dysthymia in my medical records. Thank you.

[broncovet]

There is a difference between unemployed and unemployable. The VA uses the term "substantial gainful employment". It generally means you can maintain a job for a year.

Usually, to be unemployable, you need to have a doc say you are not capable of working. To be unemployed, all you have to do is mess up and get fired, or just plain laid off with a downsizing of your company.

[DVET]

Thank you Phillip and Broncovet for your reply's. Before retiring on disability in 2/2006 I only had 20% disability. I was awarded 10% for each lower extremity for radicopalthy. I NOD that decision askiing for unemployability and increase for back, and bipolar. Awarded increase from 20% to 40% for back and allowed to keep 10% for each lower extremity for 50%. Informed in 2010 from appeal with SS disability while unemployed fully favorable and granted. I filed current claim with VA for depression and unemployability awarded only 50% Dysthemia. So now I am 80% from 20% I am grateful for that rating from VA but I can't help but think if I knew better I would have received unemployability while I couldn't work back in 2/2006. I did give them Dr. Notes for over a year saying no work, which is why I retired on disability.

I'll let you know what DRO says. At this point I hope they at least at a minimum award the Dysthymia back to 2007.

Thank you so much for your reply's.