My husband, also a Vet, recently had a BVA appeal for increased major depressive disorder and TDIU. The BVA granted the MDD increase to 70% from the initial rating through the entire rating period and remanded the TDIU back to the RO for consideration with the new MDD rating.
This increase to 70% for his MDD now puts him at 100% total rating and will be getting backpay to 2009. We know that it can take forever for the backpay to process, especially considering how large of a sum it will be so while we're hoping for it to be on the shorter side of time, we are not holding our breath.
Our question is this: could he start getting his increased monthly comp amount before the backpay hits or do they always process both at the same time so we'll likely either see the backpay first or at the same time?
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
Question
bnthornton
My husband, also a Vet, recently had a BVA appeal for increased major depressive disorder and TDIU. The BVA granted the MDD increase to 70% from the initial rating through the entire rating period and remanded the TDIU back to the RO for consideration with the new MDD rating.
This increase to 70% for his MDD now puts him at 100% total rating and will be getting backpay to 2009. We know that it can take forever for the backpay to process, especially considering how large of a sum it will be so while we're hoping for it to be on the shorter side of time, we are not holding our breath.
Our question is this: could he start getting his increased monthly comp amount before the backpay hits or do they always process both at the same time so we'll likely either see the backpay first or at the same time?
Thanks!
Top Posters For This Question
14
5
5
2
Popular Days
Nov 27
9
Nov 28
5
Jan 4
4
Nov 26
3
Top Posters For This Question
bnthornton 14 posts
Sgt. Wilky 5 posts
Gastone 5 posts
Vync 2 posts
Popular Days
Nov 27 2015
9 posts
Nov 28 2015
5 posts
Jan 4 2016
4 posts
Nov 26 2015
3 posts
Popular Posts
bnthornton
Money was in the bank this morning!!!! Nice big fat five figure amount even after the lawyer's fee. Oh man, is this a dream!? Lol Thank you all for answering questions (even long before I
bnthornton
We actually never thought to claim TDIU, it was our lawyers who suggested it. Here's the timeline. Let me know if you have any other questions. June 5, 2009 -EAS Sept 3, 2009 -Made Initial Claim
Sgt. Wilky
Funny you mention that. I logged into ebenefits for the last check of the day, and I went from 30% to 60%! They granted SC for PTSD at 50% which I'm pleased with!! No pending deposit (I can see ACH pe
35 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now