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.

[Philip Rogers]

Charleese - I figured this based on the following ratings: 30, 30, 20, 20, 10, 10 & 10. Using the CRT it totals to 78%, rounded up to 80%. Since TDIU was awarded back to 5/29/09, there should be no additional because he was paid at the 100% rate, from 5/29/09, the date of the additional 20% award. Payment for the actual TDIU/100% starts on 6/1/09, w/the actual first payment of the 100% rate being paid on 7/1/09. This should be correct based on the percentages you posted. Hope this helps!

pr

Edited May 24, 2012 by Philip Rogers