tdiu Can Va Award Iu In Two Segments?

[cowgirl]

If a *sc condition at discharge was lowballed then corrected to 60% years later. the vet rated at 20% but was unemployed for several years. Then vet is awarded ssdi and applies for iu with single issue at 60%.

Would the va possibly offer unemployability back to the original claim date? Meaning asking for rating on all sc issues.

I was thinking for vet with assigned single 60% sc issue, the va considers the vet for possible unemployment benefits.

Any ideas? Hope it makes sense.

Cg'up2009!

Edited October 23, 2009 by cowgirl

[john999]

Cowgirl

The VA won't go back 9 years and give the vet IU based on a increase in disability. The only way to get that is to show the VA made a CUE somehow, and that the original rating should have been IU. If there was some kind of inferred claim for IU then the vet might have something. I mean if there was a record that showed the VA knew the vet was unemployable due to his/her SC disability then that might be a CUE if they did not adjudicate the claim. This is tricky stuff and if there is any hope of this I would get a lawyer. The VA will resist a retro claim for IU that goes back 9 years with all their might. Maybe someone else has an idea.

[rentalguy1]

"The earliest effective date of claim is the date the disability first arose, or the date the claim was files, whichever is later."

with that in mind, I would think that they would not go back any further than the date the claim was filed on a IU claim. I'm not 100% positive on this, though. Normally it would be considered a "finally adjudicated" claim, but since the claim was adjusted, going back to the original filing date, then it may be possible. The only way to find out would be to file the claim and fight it till all the appeals are exhausted. That would be one worth fighting, too. Nine years of retro for the difference between 100% and 20% would be a chunk of change.

[MRRRR5]

"The only way to find out would be to file the claim and fight it till all the appeals are exhausted. That would be one worth fighting, too. Nine years of retro for the difference between 100% and 20% would be a chunk of change.

I agree with this also.

Since the VA ultimately made the correction from 20% to 60% 9 years later, maybe, just maybe, the VA employee (rater/DRO/adjudicator) know that from the medical documents they reviewed to increased to 60%, that the info was there all along for 9 years!!

However, because of the budget issue, the VA decision maker only award with a more recent date thinking that the Vet may not know or would not be aware to fight for the correct EED.