ptsd Ptsd Effective Date And Iu

[cowgirl]

If sc, is there a case or rule to help me correct both ptsd and IU eed to first claim?

Thank you

Edited October 28, 2009 by cowgirl

[LarryJ]

Question restated: Is it possible be awarded IU with an effective date retroactive several years ago?

Sure CG. If you did not have the necessary percentage combination to be eligible for TDIU until sometime after your award of your first claim (say you were 20% for some time before you were diagnosed with the other disability that put you over the 60%, or what ever), but you were awarded the necessary percentage in, like, 2003, then if you file the TDIU claim, say, in 2008 and are granted the TDIU, then you should be awarded the TDIU retroactive back to the date you became ELIGIBLE for the TDIU.

i think, probably, maybe...........duh, seems to me i saw that, somewhere.........hmmmmmmm, tell ya what, if some else doesn't come up with a BETTER answer then go with mine............until i get up enough energy to actually look it up......okay..... B)

I remember when I got TDIU, I got a goodly sized retro check/deposit...bought The Nurse a M-B with part of it.

Edited October 5, 2009 by LarryJ

[Wings]

Question restated: Is it possible be awarded IU with an effective date retroactive several years ago?

Yes.

1. See Roberson vs Principi (2001)

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

2. See also Comer vs Peake (2009)

http://www.cafc.uscourts.gov/opinions/08-7013.pdf

[supportmyfellowvet]

You must be rated at least 70% with one of the disabilities rated at 40%.

This is the min. requirement, bottom line. PTSD'd or not, physical or not.

Their are no gray areas. This is what you need at bare to be considered. :D

Sure CG. If you did not have the necessary percentage combination to be eligible for TDIU until sometime after your award of your first claim (say you were 20% for some time before you were diagnosed with the other disability that put you over the 60%, or what ever), but you were awarded the necessary percentage in, like, 2003, then if you file the TDIU claim, say, in 2008 and are granted the TDIU, then you should be awarded the TDIU retroactive back to the date you became ELIGIBLE for the TDIU.

i think, probably, maybe...........duh, seems to me i saw that, somewhere.........hmmmmmmm, tell ya what, if some else doesn't come up with a BETTER answer then go with mine............until i get up enough energy to actually look it up......okay..... B)

I remember when I got TDIU, I got a goodly sized retro check/deposit...bought The Nurse a M-B with part of it.

[supportmyfellowvet]

I forgot to mention that "case law" will do little in our fight for benefits. Case law seems to confuse my veteran friends by fueling the grey area.

We vets are helped on a case by case basis, but can't be helped if the min requirement of entitlement for services has not met.

B)

[supportmyfellowvet]

Yes. It's the same with all claims.

The claim begins once it's filed. IU or not, if on appeal same thing until it closed.

Yes.

1. See Roberson vs Principi (2001)

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

2. See also Comer vs Peake (2009)

http://www.cafc.uscourts.gov/opinions/08-7013.pdf

[cowgirl]

Hello and welcome SupportMyFellow to Hadit if I hadn't already said so.

Again welcome and trust me, I will continue to share lessons learned and will for as long as possible. I'll look forward to seeing you around the site, just post...

Best to ya,

Cowgirl'up2009!

p.s. My sense of humor keeps me going most days, if not I glean others on the social posts!

.

You must be rated at least 70% with one of the disabilities rated at 40%.

This is the min. requirement, bottom line. PTSD'd or not, physical or not.

Their are no gray areas. This is what you need at bare to be considered. B)

Edited January 17, 2010 by cowgirl