Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Wrong Retro date for TDIU P&T and Secondary Conditions

Rate this question


Penelope

Question

I recently received my award letter for TDIU and it was made Permanent and Total.  I want to thank all of you for your kind advice over the years and teaching me about how I should approach my claim.  It has helped in many ways, especially letting me know what to expect.

I filed a notice of Intent to file in February 2016 and submitted my claim in August of 2016.  In calculating the back pay, they went back only to August 2016 and not February 2016.  They said in the letter that since I left work in February 2012, they would only pay me from the date that I filed the claim, August 2016, since I did not file within a year of leaving work.  I don't think that is correct and think they should go back to February 2016 when I filed the Intent to file.  I just want to make sure I am right or they are right before I formally question that date.

My next question is:  Since I am rated TDIU and Permanent and Total, should I file Secondary Conditions.  I am rated at 60% and have had that since 1994.  My concern is that if something happens to me that my husband will be able to have some money coming.  

Again, thank you for helping me over the years.  I certainly appreciate it.

 

Penelope

 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

If you have legitimate secondary conditions I would file  because (like you )  I am TDIU P&T and I got a second rating of 60% and got Housebound which is another $300 a month.  Neither the VA nor the military will ever apologize to you  for treating you like a dog.  Money is the only thing you get so get it!  I lost the best earning years of my life due to service connected conditions.   When the VA tosses me a bone I want the whole skeleton.   This process will never be fair, so you just have to get what you can since someone far less deserving will get it if you don't.

                       John

 

 

Link to comment
Share on other sites

  • 0

I definitely think they erred in not going back to the Intent to file date.

If you fall into these guidelins in these 2 links- then they have definitely made an error.

https://www.dav.org/learn-more/news/2016/one-form-can-lock-claim-date/

http://www.benefits.va.gov/benefits/factsheets/general/itf.pdf

You stated:

"They said in the letter that since I left work in February 2012, they would only pay me from the date that I filed the claim, August 2016, since I did not file within a year of leaving work."  

HUH??? that doesn't make sense either.

Penelope can you scan and attach the Reason and Bases part of their decision and the evidence list they used? 

Cover C file number, name, address prior to scanning it.

Was the 60% rating the same disability they based the TDIU on?

Congrats on the award. If there is a CUE (Clear and unmistakable error) in the decision I can help with that.

Lots of vets file for TDIU after they have been unemployed for a long time and whatever SC they have had  rendering them unemployable. I don't understand what  the ??? they mean.

Link to comment
Share on other sites

  • 0
  • Moderator

Congratulations!   If you told your VA doc you were unemplloyed, then a claim for TDIU should be inferred.Its a claim for "increase" and the VA needs to infer that if you are not working, there is a good chance you might be unemployable.  

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

The VA almost never infers anything in a vet's favor.  When I first filed a claim in 1972 the VA knew I was unemployed because I was in a VA nuthouse.  Years later I filed for an increase and TDIU and the VA specifically denied my TDIU claim even though I was on SSDI.  I know the VA has a duty to infer these sorts of things like HB, but they never do.  I had to file a CUE to get my HB.  I filed an appeal to get TDIU even though I was 70% and on SSDI.   If you don't claim it you don't get it.

Link to comment
Share on other sites

  • 0
  • Moderator

I agree with John...You have to file, dont expect a VA employee to make sure you get all your retro.  However, many judges will interpret the regulations properly, so you should appeal the effective date on the bases of an inferred claim.  Roberson says that VA has a duty to maximize your benefits.  You may need to get an attorney to win.  I did (mostly) without an attorney for 14 years, and after a year, I just found out I will be getting a retro check from a favorable BVA decision.  

Judges simply look favorably on you when you hire an attorney, as judges are all ex attornies and these attornies are often their classmates, so attorneys and judges have empathy for each other.  

I looked it up at the BVA chairmans report, and attorney represented claimants lose just 10 percent of the time, while VSO claimants lose about twice as much.  Pro se claimants do even worse than VSO represented claimants.  

So, you double your chances at a win with an attorney.  Its a fact established in the BVA chairmans report:

https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use