Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Conflicting Effective Date

Rate this question


Deacon 2011

Question

Received a rating increase in Feb. 2011 (currently 70% TBI, other conditions bring me up to a combined 80%), filed for TDIU in March of 2011... still have a claim pending from May of 2010. In short, everything that was pending to include TDIU and recent C&Ps for everything that the VA had listed as SC was added to the May 2010 claim. "Peggy" indicates that this was done the give me the earliest possible effective date whether TDIU or 100% schedular is awarded.

Not sure if this sounds right, from reading I've done in Hadit, I thought the effective date for TDIU would only go back to when I filed for TDIU (March 2011) if awarded, despite the fact that TDIU and the recent C&Ps are now included as part of the May 2010 claim. Any thoughts on what I should expect as an effective date?

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

Sometimes they will let it go back one year from the time you filed for TDIU if there is evidence. For instance, you are on SSDI a year before you file for TDIU. The VA has a good reason to make your effecitive date the same as for your SSDI date. Actually, I don't see why cannot go all the way back to the date you got SSDI for a SC condition to grant TDIU, but they usually don't.

Link to comment
Share on other sites

"Any thoughts on what I should expect as an effective date? "

For successful TDIU claims- the effective date for the TDIU award is the date you filed the 21-8940.

That is why we advise here not to wait and that a SC % can even be Zero yet the veteran,by medical evidence, might well be eligible for and granted TDIU.If they send the form in.

Also I explained here many times how a SSA award -solely for the same SC conditions that the TDIU award is for-if this SSA award precedes the TDIU date up to a year prior, can warrant a more favorable TDIU EED up to one year prior to the formal TDIU application date.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

I checked eBenefits tonight and to my surprise my claim for TDIU was closed... I sure wish there was a faster way for me find out what the decision is, this has been a long journey. Any suggestions on how to get a "sneak peek"?

"Any thoughts on what I should expect as an effective date? "

For successful TDIU claims- the effective date for the TDIU award is the date you filed the 21-8940.

That is why we advise here not to wait and that a SC % can even be Zero yet the veteran,by medical evidence, might well be eligible for and granted TDIU.If they send the form in.

Also I explained here many times how a SSA award -solely for the same SC conditions that the TDIU award is for-if this SSA award precedes the TDIU date up to a year prior, can warrant a more favorable TDIU EED up to one year prior to the formal TDIU application date.

Link to comment
Share on other sites

If I remember right, IU is to be a factor now if the veteran is meeting the % and some other things.

"Any thoughts on what I should expect as an effective date? "

For successful TDIU claims- the effective date for the TDIU award is the date you filed the 21-8940.

That is why we advise here not to wait and that a SC % can even be Zero yet the veteran,by medical evidence, might well be eligible for and granted TDIU.If they send the form in.

Also I explained here many times how a SSA award -solely for the same SC conditions that the TDIU award is for-if this SSA award precedes the TDIU date up to a year prior, can warrant a more favorable TDIU EED up to one year prior to the formal TDIU application date.

James A. Bunker

Executive Director

National Gulf War Resource Center

Phone: 785-925-9887

Email: Do not post your email address.

Join us on Facebook

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use