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Ptsd Effective Date And Iu

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cowgirl

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  • HadIt.com Elder
Thanks Wings!!

Supportmyfellowv...: I beg to differ..My combined rating is currently 60% and I am Tdiu P&T. So, 100% comp with chapter 35 benefits and ID card.

Not sure where you got your info.

Thanks Back !!!

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  • HadIt.com Elder

Larry, pr anyone else - I wonder if I understand this, ""TDIU retroactive back to the date Eligible for TDIU"" - I may need an attorney to help (or a personal interview with you Larry :( to succeed. Advice? thanks a bunch.

Cowgirl

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..... :(

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

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They use the date of the formal TDIU application as the EED-

however they can go back one year for more retro-with appropriate evidence of TDIU- I dont know if they can go back more then that.

The only example I have is my husband. The Va never acknowledged his TDIU claim filed in 1992 or early 1993.He had filed for higher PTSD rating in 1992 and then filed the TDIU form after that.

They awarded him 100% SC P & T for PTSD back to 1991.( a posthuimous award 3 years after death)It was one year prior to either his claim for higher rating or the TDIU form (I dont even know if they ever got it).

They used the same Date that the SSA used for total unemployability due to SC PTSD.His psychiatrist also sent them a letter as to the SSA award (which they ignored for many years as well as referring them to his extensive clinical records and testing on my husband which they also managed to continually overlook- which was evidence of 100% PTSD and/or TDIU

The EED regs mention when entitlement began-for these types of awards but I have never seen a retro EED for TDIU or 100% back further then one year after formal application for the benefit.

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This is the actual EED regulation:

"Under the applicable criteria, generally, the effective date

for an award based on a claim for increase shall be the date

of receipt of the claim or the date entitlement arose,

whichever is later. Specific to claims for increase, the

effective date may the earliest date as of which it is

factually ascertainable that an increase in disability had

occurred, if the claim is received within 1 year from such

date; otherwise, it shall be the date of receipt of the

claim. 38 U.S.C.A. § 5110(a); 38 C.F.R. § 3.400(o)."

I think this part: date entitlement arose-whichever is later-

is a statement that a vet could manipulate to their advantage for a better eed-

but the reg's use of the word "later" is unclear-later than what-

I have nevr fully grasped what that means in the EED regs.

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  • HadIt.com Elder

Thank you Berta, just doublechecking my recent 'award' for compliance with the data and regulations at hand. Seems like the term individual unemployability contradicts itself with the effective date, because the rating date is based on last day worked, rather than last day 'gainfully' worked. My decsion says 'last day of work' was xxxx and thats the day we'll pay you from.

True, I am thankful for the correct decision.

The 'eligibility date' thoughy is a puzzle.

Cg

Edited by cowgirl
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