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  will i recieve retroactive pay for those claims ?

[broncovet]

Effective dates are too complex to make a great opinion on, based solely on what you posted. Yes, I know that is not the answer you want to hear, but telling you "what you want to hear" isnt always in your best interest.  

 Some attorneys dont even handle "effective date" appeals, as they can be some of the most complex of all.  Below, I will post the effective date regulations, which, by the way, have changed.  

First, your effective date is the later of the "date of claim" or facts found (the date the doc said you were disabled).  

And, there are multiple exceptions to the general effective date rule, above.  For example, if this is a claim for increase, if you exited from military service in the past year, if you had "new and material evidence", and more, detailed below.  

However, to the extent that your "new conditions" or increase, were awarded with an effective date earlier than your effective date for tdiu, yes you can get retro.  But we have no idea if you will be awarded any benefits at an earlier effective date than your tdiu.  We have no idea what date your doctor said you were unable to maintain SGE, for example.  

It would take an entire review of your file to answer this question, because we have not seen your c and p exams and "guess" at when the doctor said you were disabled on all these conditions.  

It would be easier to guess the lottery ticket numbers than for us to guess all 5 of these c and p exams, as to when the doc said you were disabled.  

https://www.law.cornell.edu/uscode/text/38/5110

 

[clack1962]

Thank you for your honesty and your answer broncovet

[clack1962]

On 9/28/2020 at 4:13 AM, broncovet said:

Effective dates are too complex to make a great opinion on, based solely on what you posted. Yes, I know that is not the answer you want to hear, but telling you "what you want to hear" isnt always in your best interest.  

 Some attorneys dont even handle "effective date" appeals, as they can be some of the most complex of all.  Below, I will post the effective date regulations, which, by the way, have changed.  

First, your effective date is the later of the "date of claim" or facts found (the date the doc said you were disabled).  

And, there are multiple exceptions to the general effective date rule, above.  For example, if this is a claim for increase, if you exited from military service in the past year, if you had "new and material evidence", and more, detailed below.  

However, to the extent that your "new conditions" or increase, were awarded with an effective date earlier than your effective date for tdiu, yes you can get retro.  But we have no idea if you will be awarded any benefits at an earlier effective date than your tdiu.  We have no idea what date your doctor said you were unable to maintain SGE, for example.  

It would take an entire review of your file to answer this question, because we have not seen your c and p exams and "guess" at when the doctor said you were disabled on all these conditions.  

It would be easier to guess the lottery ticket numbers than for us to guess all 5 of these c and p exams, as to when the doc said you were disabled.  

https://www.law.cornell.edu/uscode/text/38/5110

 

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

[broncovet]

Unfortunately, I could not read your letter, only the ebenefits portion.  BVA normally leaves the effective date for SC up to the VARO.  So, you should get an implementing decision from the VARO.  

However, BECAUSE you were awarded at the BVA this is an appeal, and this suggests some time elapsed since you applied, were denied, then that denial overturned at the BOARD.  

To that extent, YES, you should get retro, but I would need to know more to know how much.  A retro calculator is here, so you can plug in the numbers and see for yourself.  https://hadit.com/disability-calculator/  

I know you are anxious, but, like the rest of us, you will need to wait for the implementation letter from the VARO to know.  Sometimes, the deposit comes BEFORE the letter.  That happened to me, at least once.  

Assuming all the stuff you posted is accurate (and ebenefits is often inaccurate or not up to date), let me be the first to Congratulate you on your win.  

Edited October 9, 2020 by broncovet

[clack1962]

14 hours ago, broncovet said:

Unfortunately, I could not read your letter, only the ebenefits portion.  BVA normally leaves the effective date for SC up to the VARO.  So, you should get an implementing decision from the VARO.  

However, BECAUSE you were awarded at the BVA this is an appeal, and this suggests some time elapsed since you applied, were denied, then that denial overturned at the BOARD.  

To that extent, YES, you should get retro, but I would need to know more to know how much.  A retro calculator is here, so you can plug in the numbers and see for yourself.  https://hadit.com/disability-calculator/  

I know you are anxious, but, like the rest of us, you will need to wait for the implementation letter from the VARO to know.  Sometimes, the deposit comes BEFORE the letter.  That happened to me, at least once.  

Assuming all the stuff you posted is accurate (and ebenefits is often inaccurate or not up to date), let me be the first to Congratulate you on your win.  

Thank you broncovet