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'

[john999]

The way I understand it is when you reach a certain percentage that triggers the consideration of an inferred TDIU claim. The VA should send you the form and then it is up to you to fill it out and return it with the date you last worked. At the same time if the VA knows you are not working due to SC condition that is an inferred claim for TDIU.

So you may be able to get an EED for TDIU but you will have to appeal based on what Phil has said. I doubt the VA will just grant the EED on TDIU without a fight.

[Draggin']

I'm not tripped up, so far I understand everything you all are saying.

Draggin', LOL, I mean I, stopped working in August of 09 (became a student-used GI Bill to help support the family). My ability to work had suffered prior to that point, not sure if what I was bringing in between May 09 and August 09 would be considered more than "marginal employment". I would have to look up what I made and what the poverty threshold was from the Census Bureau at the time. I do know I had to switch jobs, as I couldn't take it where I was anymore and I couldn't take the long drive. But anyway.

Not sure if I had more than a marginal employment for a couple more months if that would throw the whole date thing off or not. I had to do something to support my family.

I do think that 70% is pretty big, especially considering it was the first stab at things.

Thanks

Draggin'

[Commander Bob]

I'm not tripped up, so far I understand everything you all are saying.

Draggin', LOL, I mean I, stopped working in August of 09 (became a student-used GI Bill to help support the family).

Draggin'

Were you a full time student 09,'Draggin'???

Edited June 11, 2011 by Commander Bob

[Draggin']

Yes considered full time. I took the minimum amount of courses I could take to be considered so. I had to do so for the full living stipend from the GI Bill. I did, although, try to take as many off campus/online classes as possible.

I may be under the threshold for the year of 09 when it comes to earned income...my gross is at 11,034.

http://www.census.gov/hhes/www/cpstables/032010/pov/new35_000.htm

I am one person, with related child under 18, under the age of 65...says the level for 2009 is 11,161.

This is good.

What's bad is that I was a student, I'm assuming they'll fight me on this-even though that shouldn't matter???

Thanks

Draggin'

Were you a full time student 09,'Draggin'???

[Pete53]

Being a full time student is considered rehab and does not count as if you can work,

[Philip Rogers]

Pete's right, being a student doesn't effect the working thing.

pr