tdiu Why Do You Veterans Wait? Tell Me, What Are You Waiting For?

[LarryJ]

I have, over the last couple months, heard several of our new (and some not so new) Hadit members make statements such as "We're waiting, and as soon as we get an increase in my disability percentage well, then we're going to file for TDIU."

REALLY?

GEE?

WHAT THE HECK ARE YOU WAITING FOR? NO, REALLY, WHAT ARE YOU WAITING FOR?

If you even have the hint of possible success in filing for TDIU, DO NOT WAIT for some other increase, or whatever. JUST FILE your form 21-8940. BECAUSE YOU ARE COSTING YOURSELF MONEY. SERIOUS MONEY!

After all, when you file the proper form, you ARE filing for an increase. If you do NOT file the "proper form" then the VA is not going to "inferr" that you qualify for TDIU.

COME ON FOLKS!

SHEEESH!

I've added up the number of folks on here in the last couple months, plus the folks that I have coming to me OUTSIDE of the HAdit Forum and I've counted 11 people that I remember.

ELEVEN. THAT I KNOW OF.

And, most do not and will not, file for the proper EED.............geeee, just look at all the money you saved the VA. I, for one, am proud of you......................

[mrs rockman (widow of vet)]

Everyone should file for TDIU now, if you are not working. Every time you ask for an increase, you lose your intial claim date, meaning you should file a NOD, not for an increase. Even tho TDIU is an increase claim, it is somewhat different. jmo

pr

PR-

If I understand this correctly, Rockman should do a NOD for his PTSD claim that he was lowballed for.

On his IHD, his current rating of 60% is probably fine for when he was rated. What if he gets worse, should he just send it that info as new evidence? It should be effective from the date of his cardiologist's visit, would it not?

confused, maybe or maybe not

Mrs. Rockman

[john999]

What it is is when you file a new claim for an increase while your original claim is on appeal you will lose your earlier effective date if they grant the new claim for increase. You want to file and then keep your claim on appeal. You can submit new evidence, but don't file a new claim for an increase. When you file for TDIU if the VA grants TDIU they will use the date you filed for TDIU. With TDIU you want to file if you can't work regardless of rating percentage. I filed when I was 30% because I could not work. When I got granted 70% which was a year later the VA went back to the date I filed for TDIU and granted that date. Many VSO's say not to bother filing an appeal because it is faster to start a new claim when you have new evidence. This is a great way to lose EED.

[Draggin']

Thank you all for your help.

I think I just got more confused. I realize that this is getting confusing because there are multiple questions from multiple situations. I'm going to start a new thread to ask my specific questions concerning TDIU.

I do think that there are a lot of reasons why people are hesitant to file for TDIU. I just don't think it's understood very well, and the fact that many VSO's don't mention it only makes it worse. JMHO

Draggin'

[Commander Bob]

Thank you all for your help.

I think I just got more confused. I realize that this is getting confusing because there are multiple questions from multiple situations. I'm going to start a new thread to ask my specific questions concerning TDIU.

I do think that there are a lot of reasons why people are hesitant to file for TDIU. I just don't think it's understood very well, and the fact that many VSO's don't mention it only makes it worse. JMHO

Draggin'

Good idea, 'Draggin'. You have raised some interesting TDIU questions.

Good luck. I'll be looking for your new topic thread.

Hang there,

Cmdr. Bob

[Philip Rogers]

If you receive say a 30% award and disagree, you should file a NOD. Some will request an increase, instead of doing the NOD, thereby losing their initial claim date as the date of increase. As for filing for TDIU - I first filed when I got my initial 30% award. I filed for TDIU 3 more times, over the next 7 yrs. This was when I knew little about the VA claims system, so in case I'd done something wrong, on my TDIU claim, I wanted a new claim started just to protect me. At 7 yrs I was awarded TDIU w/P&T, which was a moot issue, when in 1999, the BVA awarded me 100% retro to my 1989 original claim date. A claimant should always NOD the original decision, if lowballed. Social Security did the same thing to me. They took an appeal as a new claim and it ended up costing me about 30 months of benefits. I still may go after them.

pr

No, not NOD's and appeals.

pr

When you say everytime you ask for an increase, you lose your inital claim date, what did you mean? Were you talking about NODs and then appeals? Are you saying appeals asking for increases make you lose your date of original claim?

So confused

Draggin'

[Philip Rogers]

Yes, NOD the PTSD decision. If you are satisfied w/his IHD decision, do nothing on that. Should he worsen, then request an increase. The increase should be the date when the evidence shows it worsened.

pr

PR-

If I understand this correctly, Rockman should do a NOD for his PTSD claim that he was lowballed for.

On his IHD, his current rating of 60% is probably fine for when he was rated. What if he gets worse, should he just send it that info as new evidence? It should be effective from the date of his cardiologist's visit, would it not?

confused, maybe or maybe not

Mrs. Rockman