Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
blackbird

Tdiu Retro Rules

Question

Can anyone tell me if the effective date of a TDIU award is ever backdated before the actual claim date? Also, under what situations retro would be granted?

Thanks for your comments!

Blackbird

Share this post


Link to post
Share on other sites

Recommended Posts

The VA will go back up to one year from the date you file for IU. Otherwise, you have to have some special circumstances. You can get a much earlier ED if you can show a CUE or if your claim was previously unadjudicated. This is not often the case. If the VA knew you were unemployable ten years ago they are supposed to treat this knowledge as a inferred claim for IU, but they never do.

Share this post


Link to post
Share on other sites

Ad

x

x

x

Search CAVC for "TDIU inferred". http://search.uscourts.cavc.gov/

EXAMPLE

1. In Roberson, supra, the Federal Circuit held that once a

veteran submits evidence of a medical disability and makes

a claim for the highest rating possible, also submitting

evidence of unemployability, VA must consider TDIU. 251 F.3d at

1384. See Roberson (2001) http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

2. Significantly, in Ingram v. Nicholson, 21 Vet. App. 232

(2007), the Court, in applying the holding in Deshotel, held

that a reasonably raised claim remains pending until there is

either a recognition of the substance of the claim in a RO

decision from which a claimant could deduce that a claim was

adjudicated or an explicit adjudication of a subsequent claim

for the same disability. While the Court applied such

holding to an RO decision, it would be equally applicable to

a Board decision, as it is a decision by VA.

Share this post


Link to post
Share on other sites

Some good examples for an inferred claim for IU:

SSD award

terminated or leave job due to service connected conditions

Doctors note stating that you're unemployable

Example scenareo: Let's say you apply for IU and are granted back to the date of app. If any of these above occurred earlier than the IU application date (less than one year prior) you have good grounds for an earlier effective date award.

The VA will go back up to one year from the date you file for IU. Otherwise, you have to have some special circumstances. You can get a much earlier ED if you can show a CUE or if your claim was previously unadjudicated. This is not often the case. If the VA knew you were unemployable ten years ago they are supposed to treat this knowledge as a inferred claim for IU, but they never do.

Share this post


Link to post
Share on other sites

Say again? Example scenario please? Confused me reading this. Course , it could be just me -

Cg'up!

Some good examples for an inferred claim for IU:

SSD award

terminated or leave job due to service connected conditions

Doctors note stating that you're unemployable

Example scenareo: Let's say you apply for IU and are granted back to the date of app. If any of these above occurred earlier than the IU application date (less than one year prior) you have good grounds for an earlier effective date award.

Share this post


Link to post
Share on other sites

I don't know how else to word it cowgirl.

Maybe someone else can chime in and make this easier to comprehend. Sorry it's confusing.

Say again? Example scenario please? Confused me reading this. Course , it could be just me -

Cg'up!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines