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

[carlie]

jerr,

Yes, that was very good reference.

BUT please do keep in mind that the VBM has copywrite

protection.

If we start posting portions from their CD Rom/Books

we could have problems.

I am not trying to blast you here, just a friendly reminder.

carlie

[blackbird]

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.

Actually all 3 examples you listed happened over 7 years ago. Dr's statement saying I couldn't work anymore in 2000, drew short term disability 6 months then long term for 24 months, then awarded SSID in 2002. Let me make sure I've got this right; If these items mean infered prior to the app for IU, does this mean the VA could go back up to a year prior to the app for IU or back to the time I got 60% disability rating. The app went in in Dec 09, I was raised to 100% the month of June 07 from 20% for surgery recoup. Went back to 20% until July 1st of 09 when I was raised to 100% again for a month for surgery recoup. Then I was dropped to 60% Aug 1st to continue at 60%.

I know the info is confusing, but I'm just trying to give you the facts.

Thanks, Blackbird

Edited February 17, 2010 by blackbird

[navydoc2]

So hypothetically speaking; the VA should have gone back a year with infered IU if I stopped working in June of 08, and did not file for IU until Feb 09? I was granted IU in August 09 going back to Feb.

[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

Jerrbilly, If you have a minute read my reply dated Feb13 inreference to your post. I appreciate any comments.

Blackbird

[navydoc2]

jerrbilly' date='Feb 3 2010, 08:17 PM' post='188080']

5.5.7 in VBM

If a veteran files a claim for a rating increase, and included in the evidence in the veteran's claim file is a statement from a psychiatrist that the veteran is unemployable = inferred IU

5.5.8

Some veterans who have inferred claims for TDIU may be entitled to an earlier effective date for TDIU. In Servello v. Derwinski, the court held that the existence of an inferred claim for TDIU might have entitled the veteran to an earlier effective date. Under 38 U.S.C.S & 5110( :D (2), the effective date of an award of increased compensation shall be the earliest date that an increase in disability occurred if the application is received within one year from such date.

17.11.2

Essentially, when there is evidence submitting that indicates that the veteran may be entitled to TDIU the VA is obligated to develop that claim.

In roberson v. principi requires the va to give a sympathetic reading to the veteran's filings by determining the potential claims raised by the evidence and applying all laws and regulations.

END....

Let's say your psych doc puts in his notes that you're unemployable. This would be an inferred start date as long as it's within one year prior to TDIU application date.

I hope this makes it more clear

I think this applies to me and I am entitled to another 8 months of retro if it does. I was awarded IU in August of 09 the rating went back to date of claim Feb 09, but I last worked June 08.

Did I miss the timeline to challenge this since its already Feb?

Should I even challenge this?

thanks./doc