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

[john999]

The SSI denial is standard. SSI is for the very poor. It is federal welfare for the disabled. Actually, it is better than SSDI since you qualify for food stamps, medicade, housing etc. But who wants to live in section 8 housing or a project? Working is better for all of us if you can survive.

[john999]

Cowgirl

The thing with VA Voc Rehab is that it is expensive and if the VA can discourage you then they save money, but you are entitled if you want it. What is your goal. If your goal is to get SSDI and IU then you don't want to mess with Voc Rehab and you have no obligation to ask for it. If your goal is to get back to work and make a living then VA voc rehab is good. You have to ask yourself if you are up to the schooling and work to complete the voc rehab and at the end of it would you be able to use it. A friend of mine got a Master's dergee using Voc Rehab and he was just 10%. He taught school for a while and now is asking for SSDI because he must have become too sick to keep teaching.