ptsd Tdiu

[Berta]

There are often questions here about the EED for TDIU. I always thought Rod applied for TDIU in 1992-but I could not find his copy of the 21-8940.

I was wrong-

I also thought that an EED for TDIU usually could only go back one year prior to the date of the TDIU filing-for some reason-I was wrong there too-and want to clarify that-

About a year ago I asked my vet rep for a copy of the file he had on my old claims.

I looked through it today to see what CUE I had filed at the BVA that the VA is trying to re-open.

There was Rod's TDIU form dated and signed on May 14, 1994.

He was awarded 100% P & T in 1997 posthumously with an EED date of Nov. 1, 1991 -the last day he worked.

They had awarded a retro EED of 2 years and 11 months.

I think I have been wrong here- if I ever suggested that one year retro was all one could get on TDIU-

I know others stated that too-and somewhere we got that idea-and I heard this from an SO too.but even the BVA reveals that a EED can go back further with medical evidence.

Basically- he applied in 1994 for TDIU yet his EED was 1991.

His evidence was SSA for PTSD (with the same date Nov, 1, 1991 ) and a battery of 6 shrink test results -GAF 26 or 34-I forget -and maybe he even got both GAfs - a detailed psychiatric assessment that stated some of his stressors (confirmed stressors in USMC history and the Wall etc )and then ended with a statement that his PTSD was catastrophic, and also another letter from his Psychiatrist stating the veteran was unemployable due to PTSD.

My point is that- if you have medical evidence beyond the TDIU filing date that shows TDIU prior-the EED can be much more than a year.

Then again- this confuses me. The VA never mentions TDIU in the award letter and they never listed receipt of it.

They just mention the above evidence and state the veteran was 100% disabled by PTSD, total and permanent, due to his service in Vietnam, as of Nov 1, 1991.

Maybe I still am looking at this wrong-

would a 100% award be what generated the EED because it isnt called a TDIU award at all?

It was not schedular or extraschedular- just 100% SC P & T.

Any thoughts?

Edited September 27, 2006 by Berta

[olenavygoat]

You too are correct. The problem is with your claim if you didn't bring it to their attention and you have a green rater, it would be overlooked. You shouldn't have any problem getting the other funds, just bring it to their attention as a clear and unmistakable error (CUE).

You nailed it on the advertising bit but their are also positions within the organizations that they could probably eliminate or re-develop into claim assistance positions.

Berta

You are right. I sent in my TDIU form, regardless of what my SO told me, as soon as I became unemployed even though I was just 30% at the time. I got paid 100% retro to the day I stopped working. The VA never would have sent me the form because even when I got 70% the said I was not IU. I had to fight another year for that rating, and another year for P&T and the earlier effective date. Neither my DAV So or the VA has ever lifted a finger to do a thing pro-active over the years. If you don't take it to them they do nothing.

[cowgirl]

Berta

You are right. I sent in my TDIU form, regardless of what my SO told me, as soon as I became unemployed even though I was just 30% at the time. I got paid 100% retro to the day I stopped working. The VA never would have sent me the form because even when I got 70% the said I was not IU. I had to fight another year for that rating, and another year for P&T and the earlier effective date. Neither my DAV So or the VA has ever lifted a finger to do a thing pro-active over the years. If you don't take it to them they do nothing.

John, saw your statement about when you applied for TDIU. I currently two claims in the works, looks like major depression will be approved sooner or later; applying for SSDI in few days, should I apply now for TDIU also? I seem to recall someone telling me about "when" to apply, I think now is a good time as any. Doc told me I may have a CUE back several years, two statements in progress for depression (VA and IMO) and 2 for legs/feet. Not sure how that will play out though, however am currently "unemployed" due to physical and mental things, think thats what counts for SSDI and TDIU, right? thanks, cg

[john999]

Cowgirl

I wonder if the VA would defer your depression rating if you file for TDIU now? If you are really close to a decison I might wait, but I know I filed for IU while waiting for my 70% rating. I think I would file for the TDIU now and not wait for a rating. If you get at least 60-70% they are supposed to consider IU anyway but I would file the official paperwork for IU. I don't know if their is right time to file for IU. I think if you are unemployable due to SC then file for IU. Even if you are 30% like I was I would file.

[Wings]

Don't forget to submit your Social Security Statements along with your TDIU Application. The VA is supposed to gather information under Duty to Assist, but they often don't - or won't!

Also, learn the difference between a "formal" and "informal" claim.

The VARO will not take the time to sift through evidence to see if an informal claim has been raised for adjudication; sometimes the informal claim doesn't come to light until it gets to the Court level!

So, if you are Unemployable due to active duty disease or injury, then make sure you TELL THEM.

Edited September 29, 2006 by Wings

[john999]

If you can't work file for TDIU. All they can do is deny it and by the time they get around to a denial phase you may have enough percentage wise to get it and keep the EED.

[cowgirl]

If you can't work file for TDIU. All they can do is deny it and by the time they get around to a denial phase you may have enough percentage wise to get it and keep the EED. [/quote

Thanks, will file TDIU in a few days, its a new path for my brain as welll, listing ailments can easily make a young person feel quite "old". I prefer to work, however at the expense of my health and ability to walk or stand, somethins gotta give. The SS office didnt ask about what work I did or want to do, just my current work.. THey did the intake interview (or so they called it) I do have the copies of the data the clerk took a long time to type up, working alot of numbers out. She said all she was doing was verifying the numbers at this time and wasnt interested in the "why nots". I was pleased with the very short time SSI paperwork denial took , applied Sept 27, denied October 4. WIll see how SSDI evolves. thanks again,. cg