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.

[broncovet]

I agree with Pacman1x..its all about effective date(s).  If the effective dates for your new conditions are before your tdiu, then yes.  Or, they may not affect your compensation at all.  

 

[pacmanx1]

Forgot to add, If/once VA awards you TDIU or 100% scheduler and you still have claims on appeal, if VA contact you and ask if you want to withdraw your appeals tell them no. Tell them you want your claims to be rated service connected. These claims can help you down the line once service connected.

Edited September 27, 2020 by pacmanx1

[clack1962]

This from my va.gov

[clack1962]

This the NOD

[Buck52]

I agree with pacmanx1

Once your service connected for 100%  or if under 100% and are awarded the TDIU under the 100%..with these other claims pending or NOD sent  if you win those  they could help you get the SMC Status  depending on how severe the conditions are...but on the normal side of things  if your service connected at 100% or TDIU if you have a seperate rating at 60% or higher  you would qualify for the SMC S. H.B.

But nevertheless always file for any benefit you deserve.

Edited September 27, 2020 by Buck52

[pacmanx1]

12 hours ago, clack1962 said:

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.

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 VA must still process these claims until they are withdrawn or rated positively or negatively.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 If I had withdrawn these claims, I would have lost thousands of dollars in retro pay but I am still waiting because I feel that VA had the evidence in their possession, and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.