TDIU Award

[WyonJames]

With a PTDS(service connected)rated at 70%, I am awaiting a decision on a Notice of Disagreement filed in June 2018 for denial of request to increase the 70% rating.  In August 2018, I applied for and in October was awarded TDIU making my compensation at a 100% amount.  I have researched in an attempt to find a VA ruling, a case law or the like indicating a person with 70% rating for PTSD with subsequent TDIU be granted an increased PTSD rating to no avail.  VSO is stuck on 'you are getting paid 100%, what difference does it make?  The difference is the back pay

 

I don t mind a bit doing research if someone can point me the way to find the information

 

Thanks all who served 

[ShrekTheTank]

ok need a bit more information 

did you get approval for a higher rating?  Or just the TDUI?  

The Tdui would go back to when you filed. If your nod is prior to this then you will have to wait for the decision. 

[Bwaveteran]

Is the NOD for increase at the BVA?

 

[kanewnut]

21 hours ago, WyonJames said:

I have researched in an attempt to find a VA ruling, a case law or the like indicating a person with 70% rating for PTSD with subsequent TDIU be granted an increased PTSD rating to no avail.

The way I read this is you are wanting to go from a 70% for PTSD to a 100% for PTSD because you are receiving TDIU. I don’t think it is going to work that way. You need the symptoms of 100% PTSD to get the 100% rating.