ptsd Tdiu

[UsmcSGTVet]

This is my first time posting on this sight so if I'm doing it wrong just let me know.

I am in need of a little insight and guidence. My claim for TDIU was submitted in on October 6, 2010 to the Pittsburgh RO. (16-1/2 months and counting) As of September 23, 2011 it has been with the rating activity. At my Comp exam for TDIU the doctor stated that my PTSD, Shoulder dislocations, and Buldging disks are "At least as likely as not render him unable to secure and maintain gainful employment." Has anyone had similar wording or anything they can tell me about the outcome of such wording? Also is almost 17 months normal for TDIU claims in Pittsburgh?

PTSD- 50%

Right shoulder dislocations- 20%

L4-L5, L5-S1 - Buldging disks- 10%

Neurologic involvement lefter lower extremity- 10%

Hiatel hernia- 10%

70% Total

[john999]

Wording like that is usually sucessful in getting TDIU claims approved. What is your rating as we speak? An 18 month time frame is not unusual for claims of any sort at any VARO.

[UsmcSGTVet]

My current ratings.

PTSD- 50%

Right shoulder dislocations- 20%

L4-L5, L5-S1 - Buldging disks- 10%

Neurologic involvement lefter lower extremity- 10%

Hiatel hernia- 10%

70% combined

What date will they go back too? The date the claim was submitted or the date I became eligible due to meeting the requirements?

Thanks

[mobie16r]

when your C&P examiner state that your service connected disabilities is at least as likely as not,that is 50% of more,that your service connected disabilities make you ungainful employable,and when the evidence is balance,it is like running to first base in baseball,if you get there the same time the ball do you are safe and i beleive you are safe. let use no the outcome.

mobie16r

[Berta]

They will most likely use the date of the TDIU form for the Retro EED.

Do you receive SSDI? Is it solely for the SC conditions?

If so- Does VA know you get SSDI and have you signed authorization form for them to obtain those records?

Often a SSA disability award,if solely for SC cnditions, that predates a TDIU claim ,can generate up to one year more retro if they use the SSA award date (the onset date) to determine the EED.

[UsmcSGTVet]

I don't recieve SSDI.

May 2009 decision 60% combined.

NOD sent

November 2010 NOD for May 2009 decision awarded 70% with effective date of May 2009.

October 2010 TDIU application

I just want to make sure that May 2009 is or isn't my retro date. I became eligible for TDIU in May 2009 but due to the mistakes made by the RO I wasn't awarded till November 2010. Since my effective date was May 2009 does the retro date start there or will it just start at the application date of October 2010? Is there a PUB or docket number that goes into detail about the procedures they follow in determining such date? I just want as much information as possible in case I need to fight for an EED. I've been in the VA system since July 2003 so I do know how most things work but I'm in new territory now and need a good compass to navigate this the proper way.

Thank you

[Berta]

In many cases they use the date of the TDIU application for the retro-

unless they have medical evidence that would warrant an earlier effective date.

This is why I asked if you get SSDI as that would reveal medical evidence that could warrant an EED more favorable than the date of te TDIU application.

It is difficult to know what you could expect here-in my opinion as that depends on the medical evidence you have.

With retro from a successful TDIU award, you could always obtain an IMO to support a more favorable retro then the date of the TDIU claim,if the IMO doc provides a good rationale and references to your medical evidence.

Many vets had succeeded in getting better EEDs for TDIU and then many have not.

This BVA link to their decisions can be used to study other similiar claims:

http://www.index.va.gov/search/va/bva.html

I always search the most recent decisions first by year.

I found some awarded and some denied regarding more favorable EEDS-

Just put TDIU Earliest Effective Date into the search browser and you will see how the VA rationale kicks in.

These were denied claims at the regional level that went to the BVA.

Also if you google M21-1MR Earliest Effective Dates

that too should bring up more info.

Also there has been signiicanrt discussion here at hadit on this subject.

If you google' hadit.com: earliest effective dates', much should pop up.