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

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    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

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TDIU and future exams


Question

Not sure if this is a dumb question or not.

I was rated for TDIU in July 2020, effective 2014. I have an appeal on another claim from 2015. Does going to an exam to get rated for your claim even matter?

I’m asking because I have an exam with VES this Wednesday. I’m currently rated at 80% combined.

If VES exam results in positive outcome, should receive 70% for depression and anxiety as recommended by IMO doctor report and his DBQ.

I’m just wondering if you would still receive backpay if you’re already rated at TDIU level.

My brain says no because I’m being paid at highest level already. Guess wishful thinking part of my brain hopes for additional backpay. 

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being your at 80% at present with all your combined ratings added in  and you got the 80% rating...to get to the 100% rate you will need an additional 90% rating to make the 100%... Now when you

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Jameszam Backpay due to a moving target like overlapping effectivity dates can be tricky. One factor is when did you submit the claim for MH that you are going to the C&P exam for? My thinking is that it would be possible if that date was before your TDIU effectivity date. If not, I don't see how. Maybe if your new ratings give you a scheduler combined rating of 100%??? And I am assuming that your new claims that are not pyramiding what you already have for approved claims. In other words, you don't have TDIU because of another MH condition that would consider your new claims overlapping.

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3 hours ago, GBArmy said:

Jameszam Backpay due to a moving target like overlapping effectivity dates can be tricky. One factor is when did you submit the claim for MH that you are going to the C&P exam for? My thinking is that it would be possible if that date was before your TDIU effectivity date. If not, I don't see how. Maybe if your new ratings give you a scheduler combined rating of 100%??? And I am assuming that your new claims that are not pyramiding what you already have for approved claims. In other words, you don't have TDIU because of another MH condition that would consider your new claims overlapping.

Thanks GBArmy,

My original MH claim was filed June 2015, denied June 2016. No, I don't have another MH condition claim/rating currently. It makes sense the VA is not going to give you backpay for TDIU/100% and then backpay for other overlapping, rated conditions.

My high IQ logical brain says, no you were back paid at the highest (TDIU) level. My idiot, tired, in pain brain says, yeah but maybe there's some law that says you have to be paid separately for each condition, even with overlap. LOL You know VA math, 10 + 10 = 15...

So really, my upcoming exam is just for a higher combined rating, which I'm fine with. Just nice, that this may finally be my last VA exam as I am finally considered to be TDIU T&P.

Thanks again GBArmy.

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Depending on what your current ratings are and what your new rating may be they may open the door for a SMC payment and A retro payment. Example.. Your new separate rating is rated 100% and you have at least one current rating of at least 60%, I believe that they may open the door to a SMC payment. If I am incorrect I am quite sure someone will correct me.  

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I had 70% TDIU for a couple of years and then got another rating for 60%.   I had to remind the VA that they owed me housebound.  I got it and retro to the time I first got the 60% rating.  I have five other ratings of 20% and four 10% ratings.  I have a 90% rating overall now.  VA math?  I think the main thing to get after 100%, or TDIU rating is P&T no new exams.

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Jamezam

I am not sure this will answer your question?

but if you were not given another separate condition 0f 60% or higher after receiving the IU AND WAS PAID AT THE 100% RATE WITH YOUR 80%=THEN NO BACK PAY.

  NOW IF YOU WERE RATED WITH THE SMC WHEN YOU FILED FOR ANOTHER RATING AND THAT RATING WAS 60% OR HIGHER THEN YES YOU GET THE SMC BACK DATED TO A CERTAIN DATE  (DATE APPLIED FOR THE SEPARATE S.C. CONDITION)  AND YOU WERE NOT PAID FOR THAT THEN YES YOU SHOULD BE ABLE TO GET THE BACK PAY FOR THAT FROM WHEN YOU APPLIED OR THE VA GOT THE CLAIM THAT WOULD BE THE DATE  BACK DATE

IF YOUR CURRENT RATING IS 80% AND YOU GET ANOTHER SEPARATE RATING AT 70% THIS COMBINES TO A 94% RATE WITH VA MATH. ANYTHING UNDER 95% WILL GO BACK TO THE 90% RATING   ANYTHING FROM 95%WILL GO TO THE 100% RATING.

Now if you were 90% IU and you get another separate rating of 70%  this would make you eligible for the SMC S House Bound payment.

 

EXAMPLE  I was 90% with TDIU P&T...BEING PAID AT THE 100% RATE.

Few years later

I THEN FILED FOR ANOTHER SEPARATE AND DISTINK  CONDITION SERVICE CONNECTED IT AND GOT A 70% RATING.

I FILED THE  I.T.F. CLAIM  AND WAS GRANTED A 70% S.C. SEPARATE  to my original  s.c. condition that claim took 16 months  so when I filed the INT WITHIN A YEAR AND THE CLAIM TOOK ANOTHER 4 ADDITIONAL MONTHS FOR THE DECISION  I GOT BACK 16 MONTHS RETRO, THE 12 MONTHS FOR THE INT (INTENT TO FILE) AND THE OTHER 4 MONTHS IT TOOK TO GET THE DECISION.

With this type rating  it made the iu moot and a final degree 100%rating  with SMC S. and another smaller S.C. rating at 0% fo E.D.

The rater added the SMC S  because when a Veteran is rated with a 90% Rating or combined rating and granted the TDIU P&T Because he could not do any type of work including sedentary  work,  and is rated for another separate service connected condition of 60% or higher  then its mandatory the raters infer the SMC S.

some times a rater won't catch this & you have to kick them in there ass-peralo  🙂

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