TDIU Effective Date

[harry59]

Hello everyone,

I have a quick question concerning TDIU. My last employer terminated me because of my service-connected disability. If approved for TDIU, will the VA back pay me to the date that I signed the TDIU form and submitted my claim, or will they back pay me to the date that I put on the TDIU form that I last worked?

My VSO initially told me that I would be paid from the date I last worked. Then on another day he told me that I would be paid from the date I submitted the claim. So I just want to get the correct answer. 

Thanks for any replies.
 

[pacmanx1]

Effective dates are hard to kind of figure out and we would need more information. When was the last day you worked? When did you sign your TDIU form? How far from the date of your employment did you inform the VA and was it the date of your TDIU form?

[harry59]

I last worked on Oct 5th of 2020 and signed my TDIU form on Sept 28th, 2021.

[pacmanx1]

Forgot to ask when or did you have a medical doctor state that you cannot work?

[broncovet]

Short answer:  We dont know without more information. 

Longer answer:  Your effective date is the later of the "facts found" (the date the doc said you were unable to work due to sc conditions) or the date of claim, "with some exceptions".  A few of the exceptions are is it a claim for increase, did you get out of the service within one year, are you a Nehmer Vet, and a few others.  You can read the regulation and see if you are eligible for some of the exceptions

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

Edited October 15, 2021 by broncovet

[harry59]

My doctor basically put me on part time in July 2020 because of my SC disability and gave me a Nexus letter in August of this year to support TDIU. Other than that, that's it. 

[broncovet]

But what was the "date" the doc said you became disabled? (TDIU).  You will need to read your file to find out.  Also, when did you first apply for tdiu?   It should be the later of these 2, again, unless you are one of the many exceptions in the regulations in the link, above.