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Conflicting Effective Date

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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?

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  • 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.

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"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.

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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.

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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.

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