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Effective Date Of Tdiu

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Bravo6

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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

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Bravo6 if you can prove that you was disable in 2008 because of your service connected disabilities and only your service connected disibilities,and corroborate by medical evidence from your medical provider you have a chance,but to be honest with you,and i am very sorry for the lost of your home during Hurricane katrina,but i don't see the va considering the lost of your home,because of hurricane katrina.I quote,you have to be total disable because of your service connected disabilities.mobie

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  • HadIt.com Elder

Did the VA know you were totally disabled in 2008? If they knew they should have inferred a TDIU claim. That is something you can fight about. I am not saying you will win but you have a chance. For instance, you were on SSD in 2008 and the VA knew about it.

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I am arguing the same issue with the Boston Regional Office. One of the regulations I am relying on is 38 CFR 3.400 (o)(2) which states:

(o) Increases (38 U.S.C. 5110(a) and 5110(b)(2), Pub. L. 94-71, 89 Stat. 395; §§3.109, 3.156, 3.157):

(1) General. Except as provided in paragraph (o)(2) of this section and §3.401(b), date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

I hope this helps.

Sergeant G

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  • HadIt.com Elder

What is the definition of an inferred claim? What is effective date of an inferred claim. Who infers the claim? For instance, you are rated at 10% for a mental condition. You are brought to the VA one day and are admitted to psychiatric ward and DX'ed as being psychotic and given a GAF of 40. This is grounds for a claim for increase, but who would infer it? Not the VAMC. They would never inform the VBA that they have a patient that is much sicker than a 10% rating. If the vet or the vet's POA files a claim for an increase he/she could use the date of hospitalization as a claim for increase. No one from the VBA ever visits VAMC's to determine if there are inferred claims for increase of patients. Why is this process not automatic? If there is evidence that a vet is much more disabled than his/her current rating why is it left up to the vet to make the claim? I know,of course, that it is to save a buck at the vet's expense. Why do vet's have to be lawyers to get service connection or increases? The VA's whole MO is to hold onto the money and hope the vet dies without ever filing a claim.

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