tdiu Tdiu And Earliest Effect Date

[DC2NAVY]

When someone is granted a % for a disability that meets the min Req to file for IU and its was attached to the Award letter and

you file it. What is the effect date for that IU claim? The date you filed IU or the Date that you met the min requirements to file in

my case 3 years prior. And if you were going to file a NOD would it be on the IU claim itself stating I agree with everything

except the Effective date?And maybe tell them exactly why it should go back? Thanks for all and any responses.

Edited June 2, 2015 by DC2NAVY

[Guest]

Here is your answer. I posted it yesterday and you responded to it.

Yes, you want to file a NOD and disagree with the rating decision dated Aug. 2014 that your EED should be Aug 2011. Keep in mind that you have one (1) year to this Aug and time is running out. VA rating decision dated Aug. 2014 that awarded you at least 70% back to Aug 2011 is the correct decision to file a NOD on.

Edited June 1, 2015 by pete992

[DC2NAVY]

Navy04 your the only one posting the same answer. Everyone else post what they believe to be right. I havent figured it out \

yet. Should I run with what you claim to be true. Are you the only one telling me what the law is or how you interpet it to read. I

value everyones input and suggestions while i go thur this process of figuring it out.

Pete992 I almost agree with all of that except that I file the NOD on my 70% award for PTSD, when that came thur last AUG I

filed the IU that was attached as its own free standing claim i think? I dont really understand but there was no IU awarded with

this Claim last Aug. I filed IU after I recieved the 70% back dated for 3 years meaning I became IU eligable in 2011 but just got

awarded IU last week back dated to Aug of 2014 only. My American Legion Rep at the Fed building said he thinks NOD the IU

claim? Im getting mixed and totally different answers and everyone thinks that he or she is correct.

Edited June 1, 2015 by DC2NAVY

[DC2NAVY]

I didnt file till I met the min req for IU its what I thought was the proper way. Ive been on SSDI for service related inuries only

since AUG of 2011. It took the VA over 3 years to get to me and finally grant a % that met the min Req for IU but they went back

in time and corrected the % from my original claim i put in for PTSD seeking the Highest award? How do I go back in time to

file because of the untimely way for IU because i met the % Req in 2011 as far as I can see. And havent worked and been

deemed unemployable at least by one other Gov Agency ( SSDI)

Edited June 1, 2015 by DC2NAVY

[DC2NAVY]

They granted me 70% Ptsd overall 80% since Aug of 2011 and I was IU % min req ready but didnt find any of this out until Aug

of 2014 when they awarded it to me by way of mail.

Edited June 1, 2015 by DC2NAVY

[Guest]

Yes, I think I fully understand. But you have to go by the rating decision and the evidence of record. You were awarded with 70% in Aug. 2014 and back dated to Aug. 2011. At that time VA had your SSDI records and they had their own VA Voc Rehad records proving you were unemployable since Aug. 2011. This is enough evidence to warrant an Earlier Effective Date.

You need to file a NOD disagreeing with the Effective Date due to the VA having in their possession that you were unemployable through VA Voc Rehab and your Social Security Award Letter. At the time of this rating when VA granted the 70% Back to Aug. 2011, they should have also considered you unemployable. Since you returned their request for unemployability form it should have been a no brainer but you still have time to file a NOD requesting them to consider an Earlier Effective Date.

Keep in mind that you were not notified that you met the requirement for unemployability until Aug. 2014 and VA back dated it to Aug. 2011. So this is the rating decision you must disagree with and file a NOD on.

Is this what happed? Also keep in mind that we (HADIT.COM) are only guessing because we do not have all the evidence only what you post.

[Buck52]

http://www.benefits.va.gov/compensation/effective_dates.asp

Scroll down to ''Reopen Claims''!...but please read most of these EED.

May give you a better understanding with ''Earliest Effective Dates''!

Sorry your confused (this is what VA Raters Love!)

..............Buck