ptsd What Does Tdiu Do To Appeal Awards And Retro

[Draggin']

My question is if you file for TDIU and at the same time are filing an appeal (appealing for an increase) and both are granted what happens? Does the date of TDIU award date replace the date of other awards? Do you loose that retro?

Here's my specifics.

On my first and only claim for disability I applied for numerous conditions and was awarded for some (physical conditions) and it was retroactive to May 09. It took the VA additional time to award my PTSD portion of this original claim, but I was paid retroactively to May 09 on this also. It was 50% on PTSD, which made it I am at 70% at this point. I still have time to file my NOD on the PTSD (yes this is how long they took).

So let's say that I file my NOD (or appeal for increase if it gets to that point) on my PTSD claim and I apply for TDIU at the same time-in June 2011.

Let's pretend they get my NOD/appeal for the PTSD and they say that it actually warrants a 70% rating rather than the 50% originally awarded (May 09) AND they also grant TDIU (applied for in June 2011).

I realize that on the TDIU retro, I would only get retro backpay of the difference from the date of application of the TDIU (June 2011) .

My question is what happens to the retro from the NOD/appeal? Would I get the retroactive backpay for the PTSD increase of 20% from May 2009-June 2011 (the date at which TDIU would have kicked in)?

Also, I currently have my very first appeal in for the physical conditions from this first and only claim. (Yes I realize it will take years for these to run through the system). If the VA determines that my conditions do warrant a higher award than originally granted, I am counting on retro pay from May 09-whatever the present time may be. If I am awarded TDIU before those are granted, will I still get that retro pay on those increases from the appeal?

I am concerned that TDIU will stop all retro pay from May 2009 on my appeals and that TDIU will change my retro pay date on everything to the date I applied for TDIU (June 2011). Missing out on retro for 2 years is a big deal.

Thank you ahead of time for your help in this and I apologize for my confusion.

Draggin'

[Commander Bob]

My question is if you file for TDIU and at the same time are filing an appeal (appealing for an increase) and both are granted what happens? Does the date of TDIU award date replace the date of other awards? Do you loose that retro?

Here's my specifics.

On my first and only claim for disability I applied for numerous conditions and was awarded for some (physical conditions) and it was retroactive to May 09. It took the VA additional time to award my PTSD portion of this original claim, but I was paid retroactively to May 09 on this also. It was 50% on PTSD, which made it I am at 70% at this point. I still have time to file my NOD on the PTSD (yes this is how long they took).

So let's say that I file my NOD (or appeal for increase if it gets to that point) on my PTSD claim and I apply for TDIU at the same time-in June 2011.

Let's pretend they get my NOD/appeal for the PTSD and they say that it actually warrants a 70% rating rather than the 50% originally awarded (May 09) AND they also grant TDIU (applied for in June 2011).

I realize that on the TDIU retro, I would only get retro backpay of the difference from the date of application of the TDIU (June 2011) .

My question is what happens to the retro from the NOD/appeal? Would I get the retroactive backpay for the PTSD increase of 20% from May 2009-June 2011 (the date at which TDIU would have kicked in)?

Also, I currently have my very first appeal in for the physical conditions from this first and only claim. (Yes I realize it will take years for these to run through the system). If the VA determines that my conditions do warrant a higher award than originally granted, I am counting on retro pay from May 09-whatever the present time may be. If I am awarded TDIU before those are granted, will I still get that retro pay on those increases from the appeal?

I am concerned that TDIU will stop all retro pay from May 2009 on my appeals and that TDIU will change my retro pay date on everything to the date I applied for TDIU (June 2011). Missing out on retro for 2 years is a big deal.

Thank you ahead of time for your help in this and I apologize for my confusion.

Draggin'

You won't miss out on the 20% from May 2009, if you prevail... jmho... if you know you can't work and qualify for TDIU, file now. As you know 'Draggin'. The retro for the TDIU will go back to the day you put in a claim for it. The additional 20%(before VA math computations) for your PTSD you have in appeal, doesn't amount to a hill of beans, compared to TDIU.

Edited June 11, 2011 by Commander Bob

[Pete53]

TDIU is like a separate claim. It should not interdere with your original claim it just establshes how mmuch retro you will get and if you will get 100%. Many Vets miss this important part of the process if they are unable to work.

Good Luck

[Draggin']

Thank you both. I just wanted to verify this before taking the plunge.

Concerning my cirucmstances/case-Getting 70% for PTSD wouldn't even change my overall rating.

It was incredibly helpful to separate this from the other thread BTW. Avoided a lot of confusion.

Thanks

Draggin'

[Philip Rogers]

Okay, Draggin', now I'm gonna screw you up. lol Your 20% retro should be safe. When you file your NOD, I would argue that they failed to consider TDIU, in that decision. That introduces the TDIU issue and could help you get the award date back to '09. I'd argue that since you're combined rating of 70%, along w/the fact that you're unable to work, inferred the TDIU issue, as shown by the evidence. I'd refer to the criteria for either a 100% schedular rating for PTSD or 70% schedular rating. jmo

pr

Thank you both. I just wanted to verify this before taking the plunge.

Concerning my cirucmstances/case-Getting 70% for PTSD wouldn't even change my overall rating.

It was incredibly helpful to separate this from the other thread BTW. Avoided a lot of confusion.

Thanks

Draggin'

[Pete53]

PR

Is right but my philosophy is win your claim first and do the mopping up afterwards. The VA almost always holds out on every claim

[Commander Bob]

Okay, Draggin', now I'm gonna screw you up. lol Your 20% retro should be safe. When you file your NOD, I would argue that they failed to consider TDIU, in that decision. That introduces the TDIU issue and could help you get the award date back to '09. I'd argue that since you're combined rating of 70%, along w/the fact that you're unable to work, inferred the TDIU issue, as shown by the evidence. I'd refer to the criteria for either a 100% schedular rating for PTSD or 70% schedular rating. jmo

pr

I'm with you 'Philip Rogers'. However it begs the question, when did Draggin' become unable to work? Was Draggin' working in May 2009? Because TDIU was not considered in 09... How long has Draggin' been unemployed?

Edited June 11, 2011 by Commander Bob