tdiu Compesation Claim Pending, Should I Also File For Tdiu

[hulamatt]

Got approved for SSDI, for schizo, VA is slower so still havent gotten an initial rating, should i file a TDIU claim, too just to get the ball rolling, or should i wait to get it SCed

Also my EED for social security is way off, will this hurt my Va claim, or does it not matter as long as the condition is SC'ED, didnt feel like appealing it because i did not want to get denied again, it is a year after the presumptive year

Edited August 31, 2010 by hulamatt

[Philip Rogers]

I'd file for TDIU now. Why wait?? Once the SSDI checks start to come I'd appeal the SSDI date. jmo

pr

Got approved for SSDI, for schizo, VA is slower so still havent gotten an initial rating, should i file a TDIU claim, too just to get the ball rolling, or should i wait to get it SCed

Also my EED for social security is way off, will this hurt my Va claim, or does it not matter as long as the condition is SC'ED, didnt feel like appealing it because i did not want to get denied again, it is a year after the presumptive year

Edited August 31, 2010 by Philip Rogers

[john999]

Yes, file for IU. I filed for IU before I even got SSD. I was 30%. If you don't file you don't get.

[acesup]

I agree with Philip and John, you have nothing to lose and possibly much to gain by doing it now.

Regarding the SSDI; unless I'm badly mistaken, they will pay you retro from 6 months after the date you became too disabled to work. If they don't, contact them to ask what the policy is. I don't think SS worries about the actual filing date, just the date you can prove you became unemployed because you were too disabled to work.

Best of luck!

[Berta]

"it is a year after the presumptive year "

If you mean the SSA EED is a year after the 'chronic presumptive' year for psychosis-if manifested at at least 10 % disabling within the first year after service -I don't think that will matter to the VA.They will give you TDIU EED as date you filed the TDIU app or in your case, perhaps they can go back further and use the SSA retro date.

"Service connection may also be granted on a presumptive basis

for certain chronic diseases, including psychoses, if

manifested to a compensable degree within one year from the

date of separation from service. 38 C.F.R. §§ 3.307(a)(3),

3.309(a) (2009). "With chronic disease shown as such in

service (or within the presumptive period under § 3.307) so

as to permit a finding of service connection, subsequent

manifestations of the same chronic disease at any later date,

however remote, are service connected, unless clearly

attributable to intercurrent causes." 38 C.F.R. § 3.303(b)

(2009)."

[hulamatt]

I agree with Philip and John, you have nothing to lose and possibly much to gain by doing it now.

Regarding the SSDI; unless I'm badly mistaken, they will pay you retro from 6 months after the date you became too disabled to work. If they don't, contact them to ask what the policy is. I don't think SS worries about the actual filing date, just the date you can prove you became unemployed because you were too disabled to work.

Best of luck!

Yeah, thats true, but the date they decided i became disabled is one day after discharge date, when in fact i was disabled many months before, and not working, hell all the medical records they got were before my ED, but they were trying to say well i was in the army so.....its your discharge date, whatever, im not gonna fight it because i dont want for it to be decided that it needs to be reconsidered and then denied

[Philip Rogers]

If you were still in the army, getting paid, you were working. I agree leave it alone. jmo

pr

Yeah, thats true, but the date they decided i became disabled is one day after discharge date, when in fact i was disabled many months before, and not working, hell all the medical records they got were before my ED, but they were trying to say well i was in the army so.....its your discharge date, whatever, im not gonna fight it because i dont want for it to be decided that it needs to be reconsidered and then denied