tdiu Appeals Management Center

[ammawa]

Hello all, Last time I was on here. The BVA had ruled on 1 out of 4 issues that was before the BVA in Washington, DC. the Judge ruled for an increase from 40% to 60% form my Back injury back to Aug 1993. The dicision was dated march 8, 2007. Well...I havent recieved the back pay from that ruling as of today. "keep this in mind"

I although I already 100% IU P&T effective June 2004. I appealed that decision because I actually put in for IU in Aug of 1993....so I appealed the for an (EED), (eailier effective date)prior to June 2004.

Ok, I'm thinking maybe they are going to decide the whole issue with the IU and just back the 100% TDIU back to 1993 and pay whole entire amount of retro pay. instead of paying me the 20% from Aug 1993 to 2004.

The fact that I felt my back was severe and worthy of the 60% rating back in 1993, like I said that decision was made dated March 8, 2007 by the BVA...again, they remanded the issue of and EED for TDIU to the Appeals Management Center for extra consideration and development.

Well, I got a letter from the DAV in Washington, DC dated June 29, 2007 saying something about they "DAV have reviewed the BVA most recent decision and noted that I was awarded 90% along with Benifits at the 100% tdiu. becasue of the following actions..." It goes on to say the I was awarded and increase to 60% from 40% because of my back injury But the DAV letter said effective march of 1992. and at that time I would have had one service connected disability rated at 60% at that time I didn't have 10% for my knee until I think august 1993.

Before the March 8, 2007 BVA decision I was 80% and being paid at 100% TDIU.

the DAV letter said tha i will be getting a conformation letter from the VA. As of today I haven't recieved any thing or heard anything, but it sounds like I'm getting ready to be paid 100% IU back until 1992 to 2004. I am hoping that I will...that seems to be the only reason as to why I atleast haven't gotten the smaller award of the 20% increase on my back that WAS decided...dated March 8, 2007.

Does anyone know how long it take for a specialist to figure out that kind of back pay and how much red tape it takes to issue a good amout of back pay.

Like I said I got a letter from DAV on June 29, 2007. The appeals Management Center says I has been with an administrative specialist since July 12, 2007...I am still waiting on a letter from VA

Any Suggestions?

I call them everyweek.....

[Berta]

The VA-with an award of TDIU usually uses the date they received the actual 21-8940 TDIU claim to determine the retro date or sometimes they award one year prior to date of receipt of the TDIU claim depending on the medical evidence.

A veteran should never wait for VA to send them the TDIU form because-if the medical evidence supports this type of claim- they will potentially loose considerable retro if they wait for VA to send the form.

I dont get the 1993 part-

the date that VA gave you for the TDIU retro-you appealed that decision-

since this was remanded from the BVA- I assume for that specific issue-

I also assume that the formal claim for TDIU was actually filed in 1993 and you have appealed ever since-

meaning they denied you TDIU and you continued that appeal all this time?

PS -can you give us the Docket number and citation number for that BVA remand?

It is public knowledge and we could read it at the BVA web site and perhaps offer some advise.

Edited August 27, 2007 by Berta

[ammawa]

Where would i find a Docket number... I use to have it but don't know exaclty how to locat it.

The VA-with an award of TDIU usually uses the date they received the actual 21-8940 TDIU claim to determine the retro date or sometimes they award one year prior to date of receipt of the TDIU claim depending on the medical evidence.

A veteran should never wait for VA to send them the TDIU form because-if the medical evidence supports this type of claim- they will potentially loose considerable retro if they wait for VA to send the form.

I dont get the 1993 part-

the date that VA gave you for the TDIU retro-you appealed that decision-

since this was remanded from the BVA- I assume for that specific issue-

I also assume that the formal claim for TDIU was actually filed in 1993 and you have appealed ever since-

meaning they denied you TDIU and you continued that appeal all this time?

PS -can you give us the Docket number and citation number for that BVA remand?

It is public knowledge and we could read it at the BVA web site and perhaps offer some advise.

[ammawa]

here it is....(attached)

VAREMAND.txt

[ammawa]

Here is the most recent decision March 20, 2007 of the remand

VARemand3_20_2007.txt

[Pete53]

Congrats!!!

It usually does not take so long but it should be a sizable check so I am sure that they are going to play their games. I would guess days instead of weeks now.

[ammawa]

Thanks Pete, the way that I interpreted the DAV letter...because of the Action to increase my back from 40% to 60% back to 1992.... I would think that I've got a better than average chance of getting UI back to 1994... instead of 2004... they cut about 10 years trying to be slick... but I always maintained that I became unemployable in 1993 not 2004. But like I said the DAV letter, said because of the latest action I am awarded 90 combined and benifits at the 100% (I'm already 100% PT) because of the the increase from 40 to 60% from my back...they even went back a year at the Appeals Management Center and awarde effective March of 1992. But I thought they VA would have issued me a retro check for the 20% while they diecide if I am entitled to 100% back to 1992 I have been waiting since march on that.

quote name='Pete53' date='Aug 27 2007, 12:55 PM' post='60425']

Congrats!!!

It usually does not take so long but it should be a sizable check so I am sure that they are going to play their games. I would guess days instead of weeks now.