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]

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

pr

Thanks guys. Back in the 60s, "Back in the day", if you drew tdiu and voc rehab you would wind up with an "overpayment", and not see a dime till it was paid back... deducted from you SC comp.

Learn something new every day..

[Draggin']

I was pretty sure that was the case concerning VA disability and school. But I was sweatin for a second!

Draggin'

[Commander Bob]

I was pretty sure that was the case concerning VA disability and school. But I was sweatin for a second!

Draggin'

Good luck & Best wishes for a successful claim,'Draggin' .

cb

[Commander Bob]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES

Subpart B--Disability Ratings

4.129 Mental disorders due to traumatic stress.

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to

such symptoms as: gross impairment in thought

processes or communication; persistent delusions

or hallucinations; grossly inappropriate behavior;

persistent danger of hurting self or others;

intermittent inability to perform activities of

daily living (including maintenance of minimal

personal hygiene); disorientation to time or

place; memory loss for names of close relatives,

own occupation, or own name............. 100%

Occupational and social impairment, with

deficiencies in most areas, such as work, school,

family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation;

obsessional rituals which interfere with routine

activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or

depression affecting the ability to function

independently, appropriately and effectively;

impaired impulse control (such as unprovoked

irritability with periods of violence); spatial

disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful

circumstances (including work or a worklike

setting); inability to establish and maintain

effective relationships............... 70%

Occupational and social impairment with reduced

reliability and productivity due to such symptoms

as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic

attacks more than once a week; difficulty in

understanding complex commands; impairment of

short- and long-term memory (e.g., retention of

only highly learned material, forgetting to

complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and

mood; difficulty in establishing and maintaining

effective work and social relationships....... 50%

Occupational and social impairment with occasional

decrease in work efficiency and intermittent

periods of inability to perform occupational tasks

(although generally functioning satisfactorily,

with routine behavior, self-care, and conversation

normal), due to such symptoms as: depressed mood,

anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory

loss (such as forgetting names, directions, recent

events)...................................... 30%

Occupational and social impairment due to mild or

transient symptoms which decrease work efficiency

and ability to perform occupational tasks only

during periods of significant stress, or; symptoms

controlled by continuous medication............ 10%

A mental condition has been formally diagnosed, but

symptoms are not severe enough either to interfere

with occupational and social functioning or to

require continuous medication................... 0%

Edited June 13, 2011 by Commander Bob