Deferred Iu

[applejack]

back in 4/09 filed for increase as my condition worsen did not file for iu althrough my rating was 70%, 10/09 increased to 90% , part of the rating decision stated : entitlement to iu is deferred they told me to send in va 21-8940. i wonder what are my chances for iu, will my claim for iu go back to the end of the line? if approved for iu back pay to 4/09.......they paid me already the difference between 70 and 90%. tks for you help....

[john999]

If you are unemployed due to your SC disabilies your chances are very good for IU. I don't think you will get it back dated because you did not ask for it and they did not infer it. Did the VA have information in 4/09 that you were not working? If they knew you were not working due to sc conditions they should have considered IU then.

[LarryJ]

Nothing on your IU happens until they receive the 21-8940.

They will try to use the date you file your 21-8940 as the earliest effective date of your TDIU claim.

You will wind up having to file an NOD to get them to go back to the DATE THAT YOU BECAME ELIGIBLE. I don't know, from reading your post when that date would be. Read the regs and then you'll know what date to ask for in your NOD.

[Berta]

They will probably give you the retro date for TDIU as the same date you send them the TDIU form.

If the medical evidence suggests that they should have awarded TDIU sooner than when they get the 8940 form- you can request a better EED as :arry said in a NOD.

Do you get SSA disability for the same SC conditions they awarded?

If so Check Yes to # 18 and then under # 25 Remarks refer them to separate page with your C file, name and address on it and tell them what the SSA is for and any other info they need to consider like- any side affects from the SC meds that render a person unable to work- causes drowsiness, confusion etc.

At 90% now and I assume you are unemployed-your chances are great for TDIU paid at the 100% comp rate.

Edited November 12, 2009 by Berta

[john999]

If you were hopitalized for SC condition you can sometimes use that as an EED for an IU claim. I did that. I was in the nuthouse for a few days long enough to get a GAF of 40. I used that to get an EED on my TDIU. It got me about 6 months extra IU pay. I lost my job dating back to the time I went to the funny farm for a visit.