diabetes How To Get Earliest Effective Date For Tdiu?

[Ethan'sGrandma]

After many years of walking what seemed like near the cliff with my claim, I am finally rated, with TDIU deferred. I am a bit confused about this and am requesting any thoughts on what I can do to get the earliest date possible, if TDIU were to be granted. The POA that I spoke with today confused me even more when I asked if TDIU were granted, would the date go back to when I submitted my VA application for service connection (2005). I was told that VA looks at when the TDIU was inferred, or mentioned in documents, which makes it more confusing in my mind. If in an actual rebuttal from me, it would have been in 2010 when I successfully disputed a C&P where it was inadequate, including the examiner "missing" that I was considered unemployable, receiving SSA benefits since 2000, which would clearly be in VA records since I'd noted it in my original VA disability application. I am aware that one agency's decision does not impact on the other's decision, but wouldn't that be inferred from the original VA application? Additionally, I will have to go to another C&P to determine TDIU which he said would open up the whole claim matter again, but if they tried to reduce, that there are no future exams scheduled, which further helps with the rating that I received? I don't understand why the last C&P exam didn't cover it, but I suppose that's not the way they have operated, at least not with my claim. I don't grasp why it would open up the whole rating decision when it's only recently that the decision was promulgated. Okay, so I can be a bit paranoid, but I've gotten to be very distrustful after years of the mishandling of my claim, so am wondering exactly what is it that they could be looking for. In 2005, I submitted the information that I receive SSDI since 2000, but VA never sent for those records until 2010. I know this because it's in a written document which made me suspicious that they were looking for what I receive SSDI since at the inadequate C&P exam, it was noted that I am insulin dependent diabetic. However, I was not diagnosed with diabetes until 2004, so my SSDI has nothing to do with any other illnesses, except for the mental category. So, can anyone give me any information of how to proceed? Thank you so much!!

[broncovet]

I agree with Berta, and add that we could make a whole post on "Stupid things our VSO's tell Us", like:

(what the VSO says is in text, and the why its stupid is in Bold.

1. Aw heck no, dont appeal...you can apply for an increase instead.

(This hurts your effective date).

2. You dont have a CUE (without reviewing the file). This is stupid because there are dozens of possible CUE's, and often an experienced lawyer or even someone good like Berta can find that CUE, and it could well be something the Veteran never considered.

3. At least you got your foot in the door (with 0%). You can apply for an increase later. Again, this will likely hurt your effective date.

...and there are many other stupid things VSO's tell us..that costs us money. Big money sometimes.

[Ethan'sGrandma]

Thank you all so much for all the helpful information. I don't know if any will apply in my case, but I've been researching info. on this and at least two cases seem similar...Norris v. West and Roberson v. Principi. I can't wait until I see the "official" version, hopefully this coming week, to determine how exactly VA has worded the decision.