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TDIU and claims on appeal

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clack1962

Question

Hello,
if i am awarded tdiu 100% what happens when other claims that i have on appeal that were never rated get granted , will i recieve retroactive pay for those claims ?

 

Thank you for your help.

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  • HadIt.com Elder

Clack1962 Short answer, yes. If you win others that were in the cycle and your TDIU comes thru first, you still get the others. In fact, if your additional grants put you at a combined disability rating of 95%, you can get 100 scheduler, which in some respects is even better. 

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  • HadIt.com Elder

Sounds like you have a lot on your plate. You probably are aware getting to 95+% is a tough row to hoe if your at 80%. Try to work on the higher value claims if they come back denied. For example, if you don't have any MH disabilities, or, if they are rated low value, maybe pain is a secondary disability to go after. It is considered a MH condition. Sleep apnea is another common high value if it applies to you. Can be secondary to MH, prescribed meds, etc. Post on Hadit and maybe we can offer some advice especially after your decisions come in. It's a long battle, but it can be won.

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  • Moderator

Sorry, that is a tricky question, so I must give you a tricky answer. It really depends on the effective dates.  Like GB said, if your TDIU claim is dated prior to your granted appeals then your appeal grants can raise your overall rating to 100% scheduler and no retro pay would be due but if your new ratings give you a separate 60% beyond your TDIU rating then you could be entitled to SMC payments which is a little more then an extra $300+ of month. At this point is would be pure speculation on anyone’s part to say what VA would or would not do. You must have the decisions in your hands.

Edited by pacmanx1
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