tdiu Tdiu Retro Rules

[blackbird]

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

[john999]

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.

[Wings]

x

x

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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.

[jerrbilly]

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.

[cowgirl]

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.

[jerrbilly]

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!

[jerrbilly]

I just read it again and I think I know what's confusing here. I should have said "appeal" instead of "award" at the end...

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 appeal for an earlier effective date

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

Cg'up!

Edited February 4, 2010 by jerrbilly