Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0

inferred IU


Should the VA have inferred my claim was automatically IU without asking for it?  I am 70 SC for PTSD and 20 SC Back condition as of March 31st this year.  Can I file NOD stating that this should have been an inferred claim.  I currently have a claim for increase in for those conditions.

Share this post

Link to post
Share on other sites

Recommended Posts

  • 0

March 31, 2017, Award, take a breath on the NOD Filing, you've got plenty (9 Mos) to file it. Might be a good idea to discuss an "Official Review of your Recent Decision" with your VSR.

If you are certain that your Pre-Decision VA C-file Evidence of Record clearly supports an IU Award, ask for an Official Review of your Recent Decision. Attach those specific Med & Financial Records that are already in your File as supporting Evidence, to the Request for Review.                                                                                                                                                                              If you don't get an IU Award within say 3 - 4 mos, file the NOD. Depending on your Appeal choice, DRO Reviews take 12 to 18 mos, DRO Hearing up to 4+ yrs and BVA unless your dying, 5+ if no Remand. You're 70 TODAY, 71 TOMORROW, time isn't necessarily on your side.                            Semper Fi

Share this post

Link to post
Share on other sites


  • 0

Yes.  If you have stated that you are unemployed and have been seeking benefits, then it can be an inferred claim.  You had to tell them you were unempoloyed, not just be unemployed.  

If the VA knew you were unemployed, then they should have considered you for TDIU.  But you had to tell them.  This said, this is the cart before the horse.  Everything is always in this order:

1.  Service connection

2.  Disability percentage

3   Effective date.

     Your effective date of tdiu is "downstream" from disability percentage and service connection.  The VA never, for example says:

We are denying you service connection, at 40 percent.   You will get a check of $0.00 effective March 1, 2015.  

No.   They decide on those in the above order.  The effective date is rather irrelevant UNTIL you get service connection and a disabiity percentage, first.  So, I recommend its 

"ok" to say they should have inferred it, but dont expect VA to decide the effective date, then the disabiliity percentage, and finally service connection all in backwards order.  

      I do think its a good idea, tho, especially if you tell VA something like, "On March 14, 2008, I explained to Dr. X, on an exam of that date, "I have been unemployed and unable to get work due to this PTSD."

      An informal claim for increase can be at the doctors office.  However, dont expect any benefits until you fill out and send in the required TDIU form.  The 21-8940 is available here:


Share this post

Link to post
Share on other sites
  • 0

Ok guys, need advice.  The hot line called back and the guy told hubby to file iu.  He has an appeal in for increase for diabetes.  And appeal on diabetic nephropathy.  Nod was filed in nov of 12.  Dockett is 1502319.  So he went to see girl at eglin va(American legend).  She is telling him to drop the increase in diabetes on the appeal at bva, and file another claim for increase in diabetes at local ro.  They are the butts that denied it in first place.  Most of any new evidence was pertaining to diabetic nephropathy labs.  And both family doc and nephrologist wrote really nice letters.  In fact the family doc put in his letter that he is not able to work do his diabetes and all the complications it causes. So  the girl at eglin American legend wants him to file for increase in neuropathy also, and file a claim for sleep apnea.  Yes he is boots on ground Vietnam vet.    He is also turning 72 in aug. so what are your thoughts on dropping the appeal for increase at bva and filing new claim.  She thinks it will go thru faster.  Will it impact it in any way.  She discouraged him from filling for iu.  She said that takes too long.  But why would someone from hot line tell him to do it.  Who the heck do we trust to have his best interest at heart.  He has an appt with orto doc Friday.  He had an episode with really bad crippling pain in his right leg that he complained with for about four days.  He even had to use my walker, that I used when I had knee replacement.  I don'tif it is neuropathy,  it is in his hip and down his leg.  any advice from Berta,  Gastone, Broncovet,  or Buck would be greatly appreciated.  And anyone else that wants to chime in.

Share this post

Link to post
Share on other sites
  • 0

Granted he is at 20 percent now for diabetes.  So we are talking about a 5 percent over all.  But from Jan of 12.  He is at 80 now"

Share this post

Link to post
Share on other sites
  • 0


    Please ask your questions in a "new" topic, else there is confusion.  Since you are new, I will answer "this time", but in the future ask your questions in a new post, not someone else's.  

    I disagree with the VSO's who tells you to "drop the appeal" and refile.  This is likely to hurt your effective date, and may not speed up your claim, either.  First, I would ask your VSO why you should drop your appeal in favor of re applying..wont that hurt your effective date?  

    Is the VA offering any "incentives" for you to drop this appeal?  Sometimes they say, Well, if you drop (x condition) we will award (y) condition.  

     The very purpose of appealing is to preseve the effective date, and I would not give that up.  Yes, appeals take a long time, but ask what assurance do you have that dropping your appeal wont hurt your effective date.  

      Your effective date is the later of the "claim date" or the facts found, that is, the date the doc said you were disabled.  If they want you to refile with a "new" claim date, then this will hurt your retro, if awarded.  

       If you have a clear understand of how/if this will affect your effective date, that is, if they will offer you the old "claim date", then go ahead, but I would not drop my appeal unless you had a compelling reason.  

Share this post

Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies

Important Information

{terms] and Guidelines