tdiu Reconsideration

[Guest jangrin]

I want to ask for a reconsideration on my husbands TDIU award. If I don't have "new" evidence to send in with a reconsideration request, am I stuck with filing an NOD?

The TDIU was awarded for the date the "TDIU" request was recieved. It should have been warded for the date the disabilty was awarded by SSA or at least the date of the original claim that met the TDIU criteria. I think they owe about 6 months of retro.

PS. Still waiting on COPIES of RECORDS now 8 plus weeks.

Jangrin

Edited June 24, 2007 by jangrin

[stevedenesha]

Yes, you need to submit a nod because you must have "new evidence" to submit a reconsideration. I used the reconsideration because I had new evidence (was successful on my reconsideration request and was awarded IU P&T backdated to last day worked!).

Steve

[john999]

Jangrin

Did the VA deny TDIU on the claim that met the requirements for TDIU or did they just ignore the issue? If your claim met the requirements for TDIU that would be an inferred claim and the VA had a duty to adjudicate it. If they denied it they have to have a good reason and if they ignored the issue you still have a claim for an EED to the time your husband reached the rating and the VA knew he was unemployable. I think even if the VA did not know he was unemployable they still must consider IU if he had the percentages. They could have deferred granting IU until they had more information. The VBM states that if the VA has anything in the record that indicates the veteran is unemployable due to a SC condition you have an inferred claim for TDIU. They have a duty to adjudicate the IU claim. I would bet in the vast majority of cases the VA does nothing until you file a claim. Why let the cat out of the bag when the VA can continue to rely on the vet's ignorance to deny a benefit? A sin of ommission rather than commission.

[Guest jangrin]

My husband was awarded the TDIU. His claim was awarded as of the date he filed his claim, they rated him 60%, then they awarded TDIU, except instead of awarding it when he could no longer work or award it on the same date they gave him 60%, they awarded the date they recieved the request for TDIU. Which was about 6 months after he filed his claim.

I think they should award for the last date he was considered able to work, which was 12/2005. Claim was filed 2/2006 and TDIU was awarded for 8/2006. SSDI was awarded starting 12/2005.

The question boils down to the award date of the TDIU.

Jangrin

Edited June 24, 2007 by jangrin

[Alex]

You can get an earlier effective date on TDIU if the vet tells VA at the time that he is unemployed. Under Roberson, this constitutes an informal claim for TDIU, which will act as the effective date if this benefit is ultimately awarded.

Reconsideration is generally a waste of a veteran's time.

Alex

Edited June 25, 2007 by Alex

[LarryJ]

You can get an earlier effective date on TDIU if the vet tells VA at the time that he is unemployed. Under Roberson, this constitutes an informal claim for TDIU, which will act as the effective date if this benefit is ultimately awarded.

Reconsideration is generally a waste of a veteran's time.

Alex

Hi Alex.

So, you are saying that, when I sent in my ORIGINAL claim for service connection in which I indicated that I was unemployed and in which I included the fact that I was awarded SSDI for what eventually became my SC'd injury, then, if I win my recently turned-in claim for TDIU, then they will go back to my ORIGINAL claim date as my EED for TDIU?

BTW, thanks again for helping me attain my Service Connection. If not for your work, I'd still be hovering around the BVA, wringing my hands and trying to figure out what to do.

[jbasser]

Remember, effective dates state: The date entitlement arose or the date of claim whichever is later. In Chuckles case it should be the date awarded SSD benefits.

Jangrin, file a NOD as to the fact that the benefit arose on the date SSD was awarded and attach a copy. They most likely will change the award as they review the claim.

John