tdiu Temp Tdiu

[Charleese]

If a vet was injured in July of 2008 and filed for TDIU in May of 2009, would that vet get Temporary TDIU. When filed he just asked for TDIU, he didn't ask for temporary TDIU. In his retro payment and award letter it doesn't mention anything about temporary TDIU. Can he do a NOD on that because he was well within the 1 year period for filing.

Thanks in advance for your replies.

[cooter]

I believe the temp. TDUI should of started when he had his surgery in 08 if you would have filed it then.

[cooter]

Charleese

Pete is right, the effective date would be when he filed in 09. Did he have a VSO at the time of injury? If he did his rep should have filed for temporary TDIU at the time he went in for surgery in 08. That would of solved the issue. Did he receive any retro when he was awarded TDIU P&T this month? It sounds as tho he didn't by what your saying. Yes Charleese he is entitled to the temp. So if his effective date is June 2011, he should file an NOD to reflect back to 09 when he filed. Hopefully, others here will chime in with their opinions.

[Charleese]

Charleese

Pete is right, the effective date would be when he filed in 09. Did he have a VSO at the time of injury? If he did his rep should have filed for temporary TDIU at the time he went in for surgery in 08. That would of solved the issue. Did he receive any retro when he was awarded TDIU P&T this month? It sounds as tho he didn't by what your saying. Yes Charleese he is entitled to the temp. So if his effective date is June 2011, he should file an NOD to reflect back to 09 when he filed. Hopefully, others here will chime in with their opinions.

Yes his effective date is 2009. Yes he did receive retro for 2009 - 2011. However, he didn't receive temporary TDIU for 2008. He had a VSO during that time but like today he is not help. We will do a NOD asking for it and hope that works. They already have all of his medical records with his dates of hospitalization and months of theraphy, but we will send them again.

[cooter]

How long was it from the date he had surgery in 08, to the effective date in 09?

[Charleese]

He had injury on July 30, 2008 and filed on May 29, 2009. It was our understanding from VSO that he had 1 year to file to become eligible for temporary TDIU. The 1 year would of been July 30, 2009.

Edited June 15, 2011 by Charleese

[Guest]

Charleese

He had injury on July 30, 2008 and filed on May 29, 2009. It was our understanding from VSO that he had 1 year to file to become eligible for temporary TDIU. The 1 year would of been July 30, 2009.

First I apologize for any confusion, it sounds like the veterans did not receive any type of convalescent rating, where the VA could have paid the 100% rate while the veteran was recovering.

§ 4.30 Convalescent ratings.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.

(a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in:

(1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.)

(2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.)

(3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.)

A reduction in the total rating will not be subject to §3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physcial examination will be scheduled prior to the end of the total rating period.

(b) A total rating under this section will require full justification on the rating sheet and may be extended as follows:

(1) Extensions of 1, 2 or 3 months beyond the initial 3 months may be made under paragraph (a) (1), (2) or (3) of this section.

(2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a) (2) or (3) of this section upon approval of the Veterans Service Center Manager.