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

[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