When Is Retro Pay Start Day?

[13Bcannoncocker]

Wondering about when back pay retro would start. From your new open claim date? Or can it be established when you stop working and are considered unemployable from your previous employer and doc's? Since it took me one year of no employment and know idea that TDUI even existed. And I was in and out of hospitals with little to no way of even starting a new claim if I even knew. Basically I haven't worked since 01/13. Started my new claim for TDUI 02/14. Nobody seems to no the answer to this lol:)

Edited March 5, 2015 by 13Bcannoncocker (see edit history)

[broncovet]

The "effective date" of your claim will be the later of the date that VA recieved your claim, or the facts found, whichever is later. This, of course, assumes you will be awarded benefits, and there is not guarntee on that.

To get IU you need:

1. Evidence that you have not been working due to service connected condtions. Its not enough to just be unemployed, but your doc has to opine that you are UNABLE to work due to a service connected injury or illness.

2. The VA says you must be "unable to maintain substantial gainfull employment." SGE is defined as earning LESS than poverty level (about 11,000 per year plus or minus dependents).

There are some exceptions to the general effective date rules, such as 38 CFR 3.156, New and material evidence.

Once you do get an effective date, and an award letter, you get paid from the first day of the month following your effective date. In other words if the VA received your claim in Feb. 2014, the earliest you would get benefits is March, 2014.

[Navy04]

BroncoVet is right on bud. IU goes back to when you filed or the VA received the form, not when you stopped working. If that was the case, there would be Vets trying to get money back to Vietnam. Good luck and wish you the best.

[Philip Rogers]

broncovet is correct, except, (just to clarify for ya), you would actually start receiving the actual payment/checks on April 1st. Claim is usually awarded to the date you applied, w/benefits beginning the next month, with actual payment being received the 1st of the next or 3rd month.

pr

[MPsgt]

Wondering about when back pay retro would start. From your new open claim date? Or can it be established when you stop working and are considered unemployable from your previous employer and doc's? Since it took me one year of no employment and know idea that TDUI even existed. And I was in and out of hospitals with little to no way of even starting a new claim if I even knew. Basically I haven't worked since 01/13. Started my new claim for TDUI 02/14. Nobody seems to no the answer to this lol:)

This also, plays apart in TDIU.

The key issue in a TDIU claim is the inability of the veteran to engage in "substantially gainful employment" because of his or her service-connected conditions. "Substantially gainful employment" means to hold a job that pays at least an amount equal to the annual poverty level set by the federal government. In order to qualify for TDIU benefits, a claimant must meet the following requirements:

1. If the claimant has only one service-connected condition, that condition must be schedular rated at least 60% or more;
2. If the claimant has two or more service-connected conditions, at least one of those conditions must be rated at 40% or more, and the veteran's combined disability rating must be 70% or more; and
3. In either case, the veteran must be unemployable because of his or her service-connected conditions.

[Philip Rogers]

MPsgt - good post! Just to expand on that, those percentages don't actually have to be met. If your service-connected disability/condition prevents you from working, no matter what the percentage, they must award TDIU(38CFR 4.16(b).

pr

[13Bcannoncocker]

Thanks everyone. Makes sense! Hopefully I'll be hearing something soon. My claim has been in gathering evidence phase for 12 months now. I have completed my c&p exam about 2 months ago.

[MPsgt]

MPsgt - good post! Just to expand on that, those percentages don't actually have to be met. If your service-connected disability/condition prevents you from working, no matter what the percentage, they must award TDIU(38CFR 4.16(b).

pr

Yes, I agree. However, I don't trust the VA and I don't think they would arbitrarily apply such for the Veteran. They would rather let it go and make the Veteran responsible for asking for the TDIU....JMO.

[Buck52]

I was wondering cause I don't know for sure?

Is the effect date the date a veterans time starts as for as counting the 20 year rule?

...............Buck!

[Buck52]

Anybody know?

I agree with PR if the veteran can't work because of his SC Disability/has evidence and letters that prove it...then they combined the % and usually the VA adds a 60 to 90% total combined SC rating and Award the TDIU to 100% although the veteran is not 100% but has a combined rating of 60% or 90 % but being paid at the 100% rate.

JMO

......................Buck!

[Gastone]

Agree with all of the above. I was awarded IU on at a 06/14 DRO hearing. Hearing was for other issues NOD'd back in 10. IU NOD was from 09/12 Denial of Inferred IU Claim filed 2011. Currently the VA Gainful income figure for 1 person per US Poverty Level is $12.400.00 (under 65) and $11,400.00 (over 65). Another thing to consider, many a 90% SC Vet has been denied IU because the rater saw evidence of a College Degree. In some cases the degree was from 30 yrs ago. The Vets got denied because they didn't have a Professional Employment Councilor, VA or Private, opine as to their inability to be retrained to do even Sedentary work. The rater's are not concerned with your unemployment or under employment situation unless it is a direct result of your SC issues. Even then, if there is any evidence (Advance Degrees or Training) you could have a problem.

Give consideration to filing for VA Vocational Rehabilitation Program, a Denial Letter from a VA Councilor would be about the Best Evidence of your IU you could get. It worked for me.

Semper Fi

Gastone

[13Bcannoncocker]

I have been awarded TDIU and P&T found out on ebenefits 3/10/2015. I have not received retro or package yet. What i'm wondering is.. I got out of the Army FEB 2008 started my claim as I was out processing. During my first c&p exams the doc even ask if I wanted 100% and told me if I did I couldn't work, so of course I said no being 23 and hopeful that getting out would better or ease my PTSD. (I was awarded 70% effective at end of service date.) Well it did not. I did find some jobs on and off. The last job I had even let me go on an FMLA because of my issues and wrote a letter for me as well. That was JAN 2013. I didn't no anything about TDIU. It took a long year of a complete living nightmare (can't believe I'm still alive) to get my sh*t together enough to get into the DAV, that is when my TDIU new claim was started FEB 2014. **Can there be a possible way of furthering my retro because my SC's are the same as when I got out and rated? If anyone gets what I'm saying.. I'm bad at writing and trying to explain this.

[Gastone]

13: What was your personal, not joint, "Earned Income" for the prior Year or years before your IU Official File Date? The VA's "Gainful Income" figure based on US Census Poverty Level for (1) person changes according to the Census Data. Check it out after you find out exactly what your Retro Date is.

As a side note, I had a DX for CAD in 06, didn't file till 08/08. Denied and NOD'd 10. When CAD was added to AO Presumptives in 11, I was Nemer'd back to original File date of 08 not the date of orig DX and surgery 02/2006.

I've read somewhere along the line that VA Raters can go back 12 mos prior to file date in awarding Retro. Do some research, I don't recall the specifics required. Possibly Nod or Berta can opine.

100% or IU. Just because you have the IU doesn't mean you should stop filing claims. Many have opined regarding the possibility of a reduction in rating, really? I know, the comp is the same. BUT you can't get A&A for you or your wife, without the Scheduler 100% rating. I don't mean you need to jerk around with low rating issues but if your at 90% and something NEW comes along that would or could bring in a 50+% SC, you'd be remiss not to file.

Semper Fi

Gastone

[13Bcannoncocker]

There's just that one year 2013 I had no income. But hey I just received retro this morning via direct deposit, and I'm a happy man to even get the one year retro! :) Thanks everyone!

[Berta]

"I got out of the Army FEB 2008 started my claim as I was out processing. During my first c&p exams the doc even ask if I wanted 100% and".......etc

If you were TDIU at that time, by medical evidence, the retro should go back to the last day after your discharge.

Not enough info here to be sure however...

Also a favorable EED of one additional year is available if a vet gets a SSDI award solely for the same condition, within one year prior to filing the TDIU claim....I think I am exoplaining that wrong and the regulation is here somewhere.

Personal example.

Husband was 30% SC for PTSD. filed for higher rating in 1992 or 3 and TDIU in 1993 or 1994

Posthumous accrued award for 100% SC PTSD.

Back to Nov 1, 1991 The date the SSA gave him for SSDI solely due to PTSD.

SSA used his VA records. It took SSA a few months. It took the VA about 4-5 years.

[iceturkee]

Agree with all of the above. I was awarded IU on at a 06/14 DRO hearing. Hearing was for other issues NOD'd back in 10. IU NOD was from 09/12 Denial of Inferred IU Claim filed 2011. Currently the VA Gainful income figure for 1 person per US Poverty Level is $12.400.00 (under 65) and $11,400.00 (over 65). Another thing to consider, many a 90% SC Vet has been denied IU because the rater saw evidence of a College Degree. In some cases the degree was from 30 yrs ago. The Vets got denied because they didn't have a Professional Employment Councilor, VA or Private, opine as to their inability to be retrained to do even Sedentary work. The rater's are not concerned with your unemployment or under employment situation unless it is a direct result of your SC issues. Even then, if there is any evidence (Advance Degrees or Training) you could have a problem.

Give consideration to filing for VA Vocational Rehabilitation Program, a Denial Letter from a VA Councilor would be about the Best Evidence of your IU you could get. It worked for me.

Semper Fi

Gastone

i earned my college degree before i first enlisted. this was one of the reasons the raters used to award IU.

[Gastone]

Ice: The rater referred to your Degree as supportive evidence for IU? Very interesting indeed. In general, I can't recall ever seeing the Rater's refer to a Prior College Degree as evidence of IU. Actually quite the opposite, the earning of an advanced educational degree indicates, even many years prior to the IU filing, in the Raters opinion that the Vet should be capable of being retrained to do at the very least a Sedentary job that would provide "SGI." That's where the Vocational Rehab Specialist opinion becomes crucial. Just because you were able to earn a Degree years ago, doesn't mean you have all the same mental and physical factors functioning currently at that same level.

What wording did your Rater use in reference to your earlie Degree and how it affected your current IU? Any and all info would be appreciated and probably quite helpful to our bro/sis Vets.

Semper Fi

Gastone

[MPsgt]

i earned my college degree before i first enlisted. this was one of the reasons the raters used to award IU.

Iceturkee, I would believe your statement to be true. If your degree and the career following it would be adversely affected by any mental health issues.

Ex. Criminal Justice Degree with SC for PTSD w/ TBI

[iceturkee]

Ice: The rater referred to your Degree as supportive evidence for IU? Very interesting indeed. In general, I can't recall ever seeing the Rater's refer to a Prior College Degree as evidence of IU. Actually quite the opposite, the earning of an advanced educational degree indicates, even many years prior to the IU filing, in the Raters opinion that the Vet should be capable of being retrained to do at the very least a Sedentary job that would provide "SGI." That's where the Vocational Rehab Specialist opinion becomes crucial. Just because you were able to earn a Degree years ago, doesn't mean you have all the same mental and physical factors functioning currently at that same level.

What wording did your Rater use in reference to your earlie Degree and how it affected your current IU? Any and all info would be appreciated and probably quite helpful to our bro/sis Vets.

Semper Fi

Gastone

as you meet the schedular criteria for consideration to individual unemployability, and we concede based on your employment and education history, and your level of service connected disability, that ir would likely be difficult for you to obtain and maintain gainful employment, entitlement to individual unemployability is granted.

for the record, i earned my degree before enlisting in 1974. after the military, i spent 11 years working as a reporter.

Edited March 16, 2015 by iceturkee (see edit history)

[Gastone]

That's the kind of info we can work with. Well done, did you get the "T & P no future exams," I don't recall from your prior posts?

The next mission is preparing for an A & A SMC filing. Until yesterday, I was sure a Vet had to be Scheduler 100% to get the SMC for A&A even if his Dr completed the A & A House Bound questionnaire. The VETLaw blog had a posting regarding IU and A & A SMC eligibility. I'm going to spend some time researching the post. Even if you or your wife don't need it now, better to be locked and cocked ready to go.

Semper Fi

Gastone

[georgiapapa]

Buck,

The effective date of an award is also the beginning date for the 20 year rule for that particular award.

GP