TDIU and claims on appeal

[clack1962]

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.

[clack1962]

Thank you pacmanx1, that was what i was looking for, and i wish that you win those appeals, keep  your head up and keep giving good advice like you do.

[clack1962]

On 9/28/2020 at 12:11 AM, pacmanx1 said:

I guess we really did not answer your question so here we go. What happens to your claims on appeal if/when VA grants you TDIU or 100% scheduler? VA must still process these claims until they are withdrawn or rated positively or negatively.  I was granted 100% scheduler about a decade ago, but I had a few claims in appeal and one claim went all the way to CAVC (Courts of Veteran Appeal).  VA awarded me 100% scheduler and then called me and asked if I wanted to withdraw all my claims on appeal.  I said I wanted the claims to be rated and I just recently won an un-adjudicated claim/appeal back to 1998. I am waiting for VA to finish this claim to find out what my next move will be. If I had withdrawn these claims, I would have lost thousands of dollars in retro pay but I am still waiting because I feel that VA had the evidence in their possession, and someone screwed up. This money really could have changed my life and I feel that these funds are my only income and I must do everything in my power to try to survive as best as humanly as possible. Like others I could tell you some stories that could really hurt your heart about what I went through and how I had to live while VA constantly denied my claims while the evidence was right there in my C-File.

Hello pacmanx1, i would like to know if i am entitled to backpay for the ptsd and  eczema claims that were granted by the BVA

[pacmanx1]

1 hour ago, clack1962 said:

Hello pacmanx1, i would like to know if i am entitled to backpay for the ptsd and  eczema claims that were granted by the BVA

Congratulations!!

Due to the fact that you are currently 80% and just received BVA grants that means you will get some retro pay. With that said, just ignore that 1 to 2 months because, these claims have just been granted by BVA and they must go back to the VARO to implement them which could take anywhere from two months to a year or so. Keep in mind that the VARO must do the ratings and they may send you to new C & P exams.  Now part of the scary stuff, once the VARO makes their decisions, if you disagree with either the ratings or the effective dates then you will have to file new NOD appeals and your claims will have to be reviewed and or even go back to BVA and this still does not even concern your claims that are on remand. Speaking of remands, the VARO may very well try to process the remanded claims before they address your granted claims and pay/release your retro payment even though there is a VA Fact Letter floating around stating that they are to process the granted claims. I think the Fast Letter is Fast Letter 10-02 dated January 6, 2010 if you can find it.   

[broncovet]

It may help to understand that a claim for tdiu is a claim for increase.  At least some of the time, TDIU is denied, but because its moot when you reach 100 percent schedular.