tdiu Question About Tdiu

[midnight340]

When I filed my original claim I was also advised to apply for TDIU (I am 65). I was denied SC so of course the TDIU was not considered.

My claim was re-opened with a request for reconsideration. It has now moved to "preparation for decision" but in the re-opened claim they are not considering the TDIU (according to ebenefits and my VSO)

My VSO says that I would not want to send anything in now... which I of course agree with, but that once I am SC'd I can then ask for TDIU. They tell me that the effective date for the TDIU will be whenever I can again ask for it (after SC is granted) and that the original request has nothing to do with it.

Is this correct?? That any retro, if granted TDIU, will only be back to when I reapply in a few months (or whenever)???

My VSO also tells me that it is not true that they will consider TDIU automatically since I am 65. ( I believe I have read otherwise on hadit...)

(I was granted 70% non-SC for pension purposes)

Edited June 4, 2012 by midnight340

[midnight340]

Berta,

I will call JSRRC today and follow up on my request.

And I appreciate your suggestion about the possibility that the VA "lost" some information in the first round. I certainly did not understand why they thought they did not have enough information to contact JSRRC about the second witnessed crashes.

I did re-submit all that information. Actually my PCT group social worker wrote an extensive letter covering PTSD symptoms, effects on my daily life, etc. but also included these details and dates. This was submitted with the request for reconsideration.

I am still not clear what I have to do to save my EED, and not let them use the second date.

Note: The Wichita VARO is so backed up that they have been shipping claims out that are ready for decision. If mine goes somewhere else my VSO is saying this would be a positive sign in terms of getting it decided sooner.

[Berta]

"The decision indicates the claim was received on Feb 18,2011,with a TDIU form received on June 6,2011."

If TDIU is warranted, June 6,2011 is that EED and Feb 18,2011 is the other EED.

If the medical evidence warrants a better TDIU EED they might award it.

I usually only see that done when there is a SSDI award solely for the same TDIU disability, which preceded the VA receipt of the TDIU form.

It definitely seems the rep you have was really on the ball as to the reconsideration request as you have good evidence they didn't consider.

If that recon request succeeds, your EEDs are preserved.

If the NOD deadline gets close however, with no reconsideration award, then the timely filing of the NOD will continue to preserve the EEDs.

[john999]

If you were hospitalized before you filed for TDIU sometimes you can get EED. I did. The VA went back about 6 months from actual date I filed for IU. I had based my claim on my SSDI date, but since hospital date and SSDI date were the same the VA said they were giving me EED based on hospitalization where I got GAF of 40. I was only in for a day or two but long enough to be seen. My advice for anyone who is fired for issues to do with your SC disability is to go check in to nearest VA hospital.

John