tdiu Is He Entitled To Back Pay?

[Charleese]

Hi All,

My husband finally got a rating of 20% for his lower back. As you know July 2011 he was given a combined evaluation of 80% plus entitlement to benefits at the 100% rate due to TDIU. The combined rate was as follows:

1. He was rated at 30% for left tibial tubercle with osteoarthritic changes, 30% for recurrent subluxation of his left knee, 10% for scaring which gave him a total rating of 60%. In June 2011 he was rated 20% for cervical myelopathy, Brown-Sequard Syndrome, etc., 10% for Right knee condition and 10% left thigh atrophy. This gave him a combined evaluation of 80%.

2. Today he received word from his DAV that he was given 20% for his lower back effective 5/29/09. In DAV's letter it states: "A combined evaluation of 80% plus entitlement to benefits at the 100 percent rate due to individual unemployability has been assigned as a result of the following actions(s):

Service connection for degenerative disc disease of the lumbar spine is granted with an evaluation of 20% effective 5/29/09.

My quesion is shouldn't he be compensated for this ratingwith back pay and shouldn't his rating have increased. He hasn't received his official letter from VA as of yet. He's only going by DAV letter and he has a call into DAV about this. Also can you tell me what his actual rating should be with these rates?

Thanks in advance for your replies.

[jbasser]

He will get the difference back til June 1 2009

[sharon]

What was the effective date of his TDIU. If it goes bact to 2009 there is no back pay. If the increase is effective prior to his TDIU he will receive backpay.

[Charleese]

His effective date for TDIU was 5/29/2009. I can't understand why he wouldn't get back pay for this rating when this 20% rating wasn't included in that rating. Also, once again what would his total rating be with the inclusion of this 20%. Thanks!

[cooter]

"As you know July 2011 he was given a combined evaluation of 80% plus entitlement to benefits at the 100% rate due to TDIU"

"His effective date for TDIU was 5/29/2009"

What am I missing here?

Coot

[Berta]

"Today he received word from his DAV that he was given 20% for his lower back effective 5/29/09. In DAV's letter it states: "A combined evaluation of 80% plus entitlement to benefits at the 100 percent rate due to individual unemployability has been assigned as a result of the following actions(s):

Service connection for degenerative disc disease of the lumbar spine is granted with an evaluation of 20% effective 5/29/09."

I think the initial TDIU award retro (at the 100% rate) covered the additional DDD rating if the TDIU rating had an EED of 5/29/09.

[broncovet]

Our speculation will only be as good your version of the DAV letter. We have to guess that the effective date of the tdiu is the same as his effective date you listed, but not necessarily so.

The effective dates are based on the later of the "facts found" (date you became unemployable) or the date you applied. Based on that, it sounds like you should be awarded back pay to May, 2009 for the increase. Since you have apparently been paid for some of that what you have already been paid will be deducted. Also, you will get back pay based on the 2009 rate, which is less than what todays is.