Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 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

  • VA Watchdog

  • 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

  • 0
Sign in to follow this  
Bravo6

Effective Date Of Tdiu

Question

I was awarded TDIU in March 2010......paid retro to the date of my TDIU application from Sep 2009.

I haven't worked since Dec 2005......with that being said, I need to know the CFR with the sub-paragraph for my NOD that states that I can go back from one year of the date of the IU application.

I hope you can understand what I'm asking for!

Thanks for the help and advice!

B6

Share this post


Link to post
Share on other sites

Recommended Posts

Should I quote this in my NOD, or am I missing something?

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 4—SCHEDULE FOR RATING DISABILITIES

Subpart A—General Policy in Rating

§ 4.18 Unemployability.

A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, §4.16 is for consideration.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

Share this post


Link to post
Share on other sites

What was your last Job? What was the reason why you stopped working? What evidence did you submit to VA in 2005 that warrants the fact that your TDIU should go back that far? Did you file for TDIU in 2005? What were your rating percentages in 2005? So many questions, would to need to know what was going on with you in 2005 to give a better answer?

Share this post


Link to post
Share on other sites

What was your last Job?

I was a training analyst with a major petroleum company in New Orleans.

What was the reason why you stopped working?

Because of continued problems SC condition(s) plus Hurricane Katrina! I lost my home!

What evidence did you submit to VA in 2005 that warrants the fact that your TDIU should go back that far?

I submitted no evidences in 2005. I was under the impression that I was not at the required level (70%) to apply for TDIU. I was at 60% since 2001 from my initial VA rating. Now I know that was BS on the required level to file TDIU.

Did you file for TDIU in 2005?

No.

What were your rating percentages in 2005?

Total: 60%

30% Right lower leg (IM Nailing)

20% Fused 2nd digit right foot

10% Scar, right medial calf

10% Scar, right lateral calf

10% Lower lumbar (DDD) - I was LOW balled, but didn't realize it until I had MRI in Dec 2009!

Plus a few 0% for other scars

So many questions, would to need to know what was going on with you in 2005 to give a better answer?

I'm only trying to go back until Sep 2008 for retro pay........I was NOT seen from Aug 2005 until Dec 2008 because of not knowing where to be treated for my SC conditions. The VA had no hospital or clinics until the summer of 2008 in the area I lived.

Edited by Bravo6

Share this post


Link to post
Share on other sites

I know I have asked these questions but now I am looking at year 2008 instead of 2005. It appears that I see no reason why VA would pay you back to 2005. In order for you to get any type of retro pay, you would have to prove that VA had made some kind of mistake or you filed a NOD that is not completed

What evidence did you submit to VA in 2008 that warrants the fact that your TDIU should go back that far?

Did you file for TDIU in 2008?

What were your rating percentages in 2008? This could help but still need to know what they were in 2008 or when you met the minimum requirements and if VA considered TDIU at that time. Others may chime in but I still need more.

Share this post


Link to post
Share on other sites

I know I have asked these questions but now I am looking at year 2008 instead of 2005. It appears that I see no reason why VA would pay you back to 2005. In order for you to get any type of retro pay, you would have to prove that VA had made some kind of mistake or you filed a NOD that is not completed

What evidence did you submit to VA in 2008 that warrants the fact that your TDIU should go back that far?

Did you file for TDIU in 2008?

What were your rating percentages in 2008? This could help but still need to know what they were in 2008 or when you met the minimum requirements and if VA considered TDIU at that time. Others may chime in but I still need more.

I was under the impression that VA would pay back from one year of the IU application. Thus the reason I'm asking about the retro going back to Sep 2008. I haven't worked in 2006 - present!

I'm starting to get what you are saying, so I think I may have NO case in getting retro back to Sep 2008.

I'm really grateful that I did get granted IU, but I don't want to beat a dead horse nor may waves with the VA! I hope you can understand what I'm saying!

Pete, I appreciate your advice and guidance!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Like
      • 5 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines