ptsd Another Tdiu Retro Question

[Shark]

I was granted 50% PTSD and 60% various Agent Orange related for a total of 80% in July of 2008 and paid retro to June 2007. I filed TDIU in July 2008 and was denied in October 2008. I filed a NOD and have retained an attorney due to numerous DAV screwups. I am thinking that my TDIU should have gone back to 07/2007. My attorney feels that I have a strong case for TDIU but feels that they may only go to July, 2008 when I filed for TDIU.

Any thoughts?

[carlie]

Shark,

Look over 38 CFR 3.400 - General - Effective Dates

http://ecfr.gpoaccess.gov/cgi/t/text/text-...173&idno=38

Hope this helps a vet.

carlie

[Pete53]

If the Attorneys think you have a strong case you probably do. They only get paid if you win.

[Ricky]

Not withstanding a CUE that would cause the effective date to go back to 07/07 the effective date by law will be the date you submitted the claim 07/08.

[Berta]

I agree with your lawyer-TDIU to July 2008

you can possibly squeeze more out of them (up to one year prior to filing the TDIU claim IF you have a SSA award that is solely for these SC disabilities).They have to know of that award however.

"I filed TDIU in July 2008 and was denied in October 2008. I filed a NOD and have etc"

As long as you were unemployed or make wages below the poverty level I cannot comprehend why they denied?

Can you tell us exactly what wording they used to deny the TDIU?