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Penelope

Wrong Retro date for TDIU P&T and Secondary Conditions

Question

I recently received my award letter for TDIU and it was made Permanent and Total.  I want to thank all of you for your kind advice over the years and teaching me about how I should approach my claim.  It has helped in many ways, especially letting me know what to expect.

I filed a notice of Intent to file in February 2016 and submitted my claim in August of 2016.  In calculating the back pay, they went back only to August 2016 and not February 2016.  They said in the letter that since I left work in February 2012, they would only pay me from the date that I filed the claim, August 2016, since I did not file within a year of leaving work.  I don't think that is correct and think they should go back to February 2016 when I filed the Intent to file.  I just want to make sure I am right or they are right before I formally question that date.

My next question is:  Since I am rated TDIU and Permanent and Total, should I file Secondary Conditions.  I am rated at 60% and have had that since 1994.  My concern is that if something happens to me that my husband will be able to have some money coming.  

Again, thank you for helping me over the years.  I certainly appreciate it.

 

Penelope

 

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If you have legitimate secondary conditions I would file  because (like you )  I am TDIU P&T and I got a second rating of 60% and got Housebound which is another $300 a month.  Neither the VA nor the military will ever apologize to you  for treating you like a dog.  Money is the only thing you get so get it!  I lost the best earning years of my life due to service connected conditions.   When the VA tosses me a bone I want the whole skeleton.   This process will never be fair, so you just have to get what you can since someone far less deserving will get it if you don't.

                       John

 

 

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I definitely think they erred in not going back to the Intent to file date.

If you fall into these guidelins in these 2 links- then they have definitely made an error.

https://www.dav.org/learn-more/news/2016/one-form-can-lock-claim-date/

http://www.benefits.va.gov/benefits/factsheets/general/itf.pdf

You stated:

"They said in the letter that since I left work in February 2012, they would only pay me from the date that I filed the claim, August 2016, since I did not file within a year of leaving work."  

HUH??? that doesn't make sense either.

Penelope can you scan and attach the Reason and Bases part of their decision and the evidence list they used? 

Cover C file number, name, address prior to scanning it.

Was the 60% rating the same disability they based the TDIU on?

Congrats on the award. If there is a CUE (Clear and unmistakable error) in the decision I can help with that.

Lots of vets file for TDIU after they have been unemployed for a long time and whatever SC they have had  rendering them unemployable. I don't understand what  the ??? they mean.

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Berta - It doesn't make sense to me either.  I will attach snippets of the decision.  Hope these come out ok.  Not very good at this.

desc 2_edited-1.jpg

desc.jpg

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Congratulations!   If you told your VA doc you were unemplloyed, then a claim for TDIU should be inferred.Its a claim for "increase" and the VA needs to infer that if you are not working, there is a good chance you might be unemployable.  

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The VA almost never infers anything in a vet's favor.  When I first filed a claim in 1972 the VA knew I was unemployed because I was in a VA nuthouse.  Years later I filed for an increase and TDIU and the VA specifically denied my TDIU claim even though I was on SSDI.  I know the VA has a duty to infer these sorts of things like HB, but they never do.  I had to file a CUE to get my HB.  I filed an appeal to get TDIU even though I was 70% and on SSDI.   If you don't claim it you don't get it.

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