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!
  • Available Subscriptions

  • 0
winkjo

Been Bothering Me For Days!

Question

Soc Sec ALJ awarded total disability with DIB to commence on January 1, 2003. It seems--according to my Service Officer--that TDIU will be awarded very soon. If my DIB was initiated on 1/1/'03, why would an EED for newly granted TDIU not be the same start date as DIB ? I felt that it should be same-same, but my SO says not neccessarily so (???) B)

If there are some opinions, if not the gospel out there amongst us, I think many of us may benefit from good feed back on this one!

Winkjo

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

Soc Sec ALJ awarded total disability with DIB to commence on January 1, 2003. It seems--according to my Service Officer--that TDIU will be awarded very soon. If my DIB was initiated on 1/1/'03, why would an EED for newly granted TDIU not be the same start date as DIB ? I felt that it should be same-same, but my SO says not neccessarily so (???) B)

If there are some opinions, if not the gospel out there amongst us, I think many of us may benefit from good feed back on this one!

Winkjo

If you did not make a formal claim for TDIU on your 2003 date, then you are outta luck. And, I mean a claim using the "proper" claim form, etc. (I know, I know, about the so-called "inferred" claims, but you can forget the VA making any inferred claims for you, ain't gonna happen......)

Share this post


Link to post
Share on other sites

Ad

I always use my husband's claims example on these questions.

He was 30% SC in 1984.

He filed for increase and TDIU in 1992.

SSA awarded him SSA solely for PTSD -1993- finding he was totally disabled by PTSD in 1991.

In 1997- over 3 years after he died- VA awarded posthumously-100 % P & T with retro EED to 1991.

1991 date was about one year prior to their receipt of his TDIU claim which they never acknowledged at all.Also they refused to get his SSA records until I raised Hell.

The medical evidence supported an award back to 1991.

I am anxious to see if anyone here ever got more than one year retro - that year which preceded the TDIU receipt form date,

If the SSA award is SOLELY for SC conditions,TDIU should be granted but the VA usually uses the date of the TDIU form for the EED.

They save $$$$ by doing that and reps often support the mantra of the so called 70% criteria before they will consider TDIU. It is a fallacy.

The VA must consider TDIU when the medical evidence warrants it.Regardless of the % of SC. But they will NOT consider TDIU without formal receipt of the TDIU form.

Edited by Berta

Share this post


Link to post
Share on other sites

Looks like Larry and I were on line here at the same time- he put it more appropriately than I did.

He is RIGHT.

I think most vets should file for TDIU YESTERDAY and also I feel the VA should attach the TDIU form to every claim decision for higher rating.

When I saw my former reps search all over their office for a TDIU form one day- I was shocked. I put the form on a floppy over 9 years ago and have been whipping it out to vets ever since.

I found out for myself by using it for an NSC vet that there is NO % condition whatsoever on the form.

TDIU_21_8940.pdf

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

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • 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. 
×

Important Information

{terms] and Guidelines