tdiu Questions About Back Pay

[navydoc2]

I was awarded TDIU in August of 09 dating back to Feb of 09. I stopped working in June of 08. I was wondering if I could get an earlier effective date back to June of 08. I would also like to know if since the clock has run out on the NOD for this claim, if I just missed out and am sol. Thanks.

/doc

[pacmanx1]

Actually it is a very good question. There are a lot of times when VA awards a veteran TDIU but the veteran never question the effective date. The reason I asked you so many questions is because depending on the answer it could have affected the date of your TDIU.

[navydoc2]

Actually it is a very good question. There are a lot of times when VA awards a veteran TDIU but the veteran never question the effective date. The reason I asked you so many questions is because depending on the answer it could have affected the date of your TDIU.

So it would have been possible to appeal the EED, even thought the clock on the NOD had run out?

[carlie]

I actually applied for increase for depression in Feb 09, they inferred the IU claim and granted it back to that date. I have a new sleep apnea claim, and I have both an ED and high blood pressure claim on appeal.

navy,

So in other words, you had never filed a claim for IU and submitted a 21-8940.

You submitted a request for increase and VBA inferred and granted IU from the date you requested

your increase.

If this is the case then that date would seem correct to me.

Unless you can show IU, complete medical evidence to grant IU within 12 months

of the claim for increase (38CFR 3.156). But even at that you still did not request IU

they inferred and granted.

JMHO

[navydoc2]

navy,

So in other words, you had never filed a claim for IU and submitted a 21-8940.

You submitted a request for increase and VBA inferred and granted IU from the date you requested

your increase.

If this is the case then that date would seem correct to me.

Unless you can show IU, complete medical evidence to grant IU within 12 months

of the claim for increase (38CFR 3.156). But even at that you still did not request IU

they inferred and granted.

JMHO

I filled out the SOC and they sent me the 21-8940 asking that I fill it out since I had mentioned in the SOC that I was not working and had been struggling in VocRehab due to my depression and chronic pain from my knees. Is that not an inferred claim? I had not initially asked for IU, hell I had never heard of IU until I came here; much less know to ask for it. lol

[carlie]

navy,

I sure might be wrong on this but I believe I've read somewhere that it

is up to the VBA to "infer" a claim - not the claimant.

I could be wrong on this.

See if this could help you any.

http://www4.va.gov/vetapp09/files6/0947986.txt

The United States Court of Appeals for the Federal Circuit (Federal Circuit) further expanded on the concept of when an informal claim for TDIU has been submitted in Roberson v. Principi, 251 F.3d 1378, 1384 (2001). In Roberson, the Federal Circuit held that once a veteran submits evidence of a medical disability, makes a claim for the highest rating possible, and submits "evidence of unemployability," the requirement of 38 C.F.R. § 3.155(a) that an informal claim "identify the benefit sought" is met and the VA must consider whether the veteran is entitled to a higher compensation rating on the basis of TDIU.

[navydoc2]

Thanks Carlie I will research this.