tdiu Backpay and Monthly Comp After BVA Grant

[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!

[bnthornton]

What was his MDD SC % before the 70% award, 50 or 30%? Is he now actually 100% Scheduler SC, wonder why the Remand for IU? If the BVA Award put him at !00% Scheduler for the entire Appeal period back to 09, the IU Claim/Award would be moot. His Unemployability would not be an issue if the BVA award increased him to 100% Scheduler.

My math may be off, doing this in my head right now. If he were 90SC, he would need a "New SC Condition" rated at 50%+ to get to 95% rounded to 100% SC Scheduler. Does an increase from 30 or 50 on an existing SC to 70% do the trick, don't think so but could be wrong. Have to use the SC Calculator.

Just be sure, if you haven't already set up your Direct Deposit, have Txt/Email notifications of all transactions. You'll have the answer to the comp $$ 12/1.

Semper Fi

His MDD was 50%. His total Scheduler rating was 92.224 so he was at a 90% pay rate. After the increase to 70% for MDD, his Scheduler rating is 95.334 so he will be at the 100% pay rate.

The TDIU was remanded due to: "In light of the grant of an increased rating claim herein, the issue of entitlement to a TDIU should be remanded to the RO. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are "inextricably intertwined" when they are so closely tied together that a final Board decision cannot be rendered unless all issues have been considered)." So basically it sounds like the RO needs to take ALL of his service connected conditions (including ones not included in his BVA appeal) and the new rating of the 70% MDD into account to determine TDIU?

We already have direct deposit set up so I know that it's just a waiting game, which is SO DAMN HARD after playing the waiting game for 6 years! lol I just hate not having any idea what is going on. C'est la VA vie, right!?

Edited November 30, 2015 by bnthornton

[Chuck75]

Actually, the VA can award TDIU, even if the percentages don't add up to the statutory level. You mentioned special consideration, and the BVA, which makes me believe that the BVA thinks that TDIU should be awarded. 

Unfortunately, the remand means that the "Hamster Wheel" is still turning.

Edited November 27, 2015 by Chuck75

[bnthornton]

Unfortunately, the remand means that the "Hamster Wheel" is still turning.

Ugh, I know that's right! I'm not holding my breath for either the back pay or the TDIU to be quick but it would sure be nice if at least his monthly comp would increase sooner than later.

[Gastone]

When he got his original 90% Rating, was there an "IU Claim Inferred" statement included? You then filed the IU Claim and it was Denied, right. What were the reasons for the RO IU Denial, considering he obviously met the SC % IU filing qualifications?

Have you been waiting this entire time for a BVA Hearing, (what type hearing) or did you use the DRO or Standard Appeal route 1st? A time-line would be of interest to other Vets still waiting.

Semper Fi

[bnthornton]

When he got his original 90% Rating, was there an "IU Claim Inferred" statement included? You then filed the IU Claim and it was Denied, right. What were the reasons for the RO IU Denial, considering he obviously met the SC % IU filing qualifications?

Have you been waiting this entire time for a BVA Hearing, (what type hearing) or did you use the DRO or Standard Appeal route 1st? A time-line would be of interest to other Vets still waiting.

Semper Fi

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

Aug 24, 2010  -Decision for two physical conditions awarded at 40% and 10%, SC for PTSD denied

Sept 22, 2010 -Decision on two other physical conditions awarded at 60% and 10%

Jul 15, 2011    -Claimed a secondary physical condition and claimed MDD (to replace PTSD claim)

Feb 07, 2012   -Decision on secondary physical condition awarded at 20%

Mar 26, 2012   -Decision on MDD awarded at 50% with eff date of Jul 15, 2011

Apr 9, 2012      -NOD sent for higher MDD rating and change eff date to EAS

Jul 3, 2012       -De Novo Review election sent to VA

Mar 15, 2014    -De Novo Review performed by VA

Mar 17, 2014    -De Novo Review decision on MDD rating increased denied, change of effective date awarded and changed to EAS

Apr 15, 2014    -Hired lawyer to appeal to BVA for increase MDD rating

May 2, 2014     -VA Form 9 sent to BVA by lawyers

Sept 23, 2014  -Lawyers sent full claim to BVA requesting MDD increase and TDIU award

Oct 27, 2015    -BVA Decision received ordering MDD increase to 70% and remanding TDIU to RO

Nov 20, 2015   -Notice from RO that they are working on remanded TDIU claim

 

 

Edited November 28, 2015 by bnthornton

[saxman]

congrats on the increase, and back pay.