tdiu Tdiu Retro Question

[beenwaiting8years]

Ok I had been waiting on appeal For over eight years and recently received the initial rating decision. In it it said I was rated at 100% for the first three years and reduced to 70% for the remaining five years. I have been getting ssdi for this condition since 2003, which encompasses all that time of the 70% rating, well I immediately applied for tdiu after receiving that fraying decision. I've read that tdiu can be paid prior to the date of application in certain circumstances. Since the VA rated me at 70% retroactive five years and ssdi was being awarded for that period of time for the same condition, will an earlier date for tdiu be an option? Thanks for any insight.

[beenwaiting8years]

Ok I had been waiting on appeal For over eight years and recently received the initial rating decision. In it it said I was rated at 100% for the first three years and reduced to 70% for the remaining five years. I have been getting ssdi for this condition since 2003, which encompasses all that time of the 70% rating, well I immediately applied for tdiu after receiving that rating decision. I've read that tdiu can be paid prior to the date of application in certain circumstances. Since the VA rated me at 70% retroactive five years and ssdi was being awarded for that period of time for the same condition, will an earlier date for tdiu be an option? Thanks for any insight.

[john999]

Did the VA know you were on SSDI for all those years? If they did they should have considered you for TDIU when they reduced your rating from 100% to 70%. They have evidence you got better when they reduced the 100% to 70%? That rating does not really make sense to me.

[jerrbilly]

I've found you have to spoon feed the VA on these issues of retro or backpay. Make sure you bring it to their attention that you have been found totally disabled the whole time you claims have been active and request a reconsideration that you should be intitled to TDIU in the same time-frame as active SSD.

Then the waiting game starts again. The good out of this is at least you have a decision now and you can go forward making sure your claim is adjudicated correctly.

Congratulations and good luck,

Jerr

[beenwaiting8years]

Did the VA know you were on SSDI for all those years? If they did they should have considered you for TDIU when they reduced your rating from 100% to 70%. They have evidence you got better when they reduced the 100% to 70%? That rating does not really make sense to me.

the va supposedly does have all my social security records. Whether they put two and two together is another matter, but they most certainly know I was getting ssdi for this condition when they saw fit to reduce it to 70%. The reason I was reduced to 70% was a VA doctor assessed me as improved. But if I'm getting ssdi all that time, I seems I would b eligible for tdiu from the time they reduced me to 70% but how could I receive from back at that time if they waited five years to reduce it?! Very odd.

[john999]

Right, I would focus on getting TDIU now, and then worry about the EED. I think you do have a case for EED if the VA knew you were on SSDI when they reduced you to 70%. Your rating is sort of the reverse of what usually happens. Usually, you get a lower rating for the early years and then a higher rating if you are 100%. The VA is saying you were worse in the early years before, and then got better so they reduced the 100% to 70%. Can you post your award letter without your name so we can look at this as to how they decided this rating?

[Berta]

This is a new one for me-

"Ok I had been waiting on appeal For over eight years and recently received the initial rating decision. In it it said I was rated at 100% for the first three years and reduced to 70% for the remaining five years. I have been getting ssdi for this condition since 2003, which encompasses all that time of the 70% rating, well I immediately applied for tdiu after receiving that fraying decision."

John is right- we need to see the rating decision to

1. determine if they had the SSA info,when they had it , and how they applied the SSA evidence and

2. what kind of medical rationale they used to feel you were only 70% after granting the 100%

"The reason I was reduced to 70% was a VA doctor assessed me as improved. But if I'm getting ssdi all that time, I seems I would b eligible for tdiu.."

The doctor had to have a complete medical rationale for that determination and you should have been advised of this proposed reduction- yet this is in you recent decision? weird to say the least-

Do you have copy of the C & P that generated this "improved" assessment ?

Also- have they sent you the TDIU form by now?

Then again - you are 100%- and need to prove you always were 100% since filing the claim.

Have they ever mentioned your SSA records at all in the decision?