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Retro pay after TDIU?


allansc2005

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Afternoon folks, hope everyone is safe and healthy.

Back in January, 2017 I was awarded TDIU P&T, got all the back pay, goodies such as no taxes on vehicles, dwelling...

 

In December of 2019, I filed a secondary claim of overactive bladder-OAB in connection with spinal issues for which I was already awarded SC, and was denied.

I asked for a higher level review due to the denial, was granted the review, was sent to a C&P exam for that same OAB claim, and got a call yesterday from the C&P doctor telling me he concurs that my OAB "is connected to my SC spinal conditions", and that he would tell the VA the same thing on the DBQ.

 

So, my question is: Will there be any back pay from the time I was denied SC for the OAB back in December, 2019?  FYI, I'm 90% Scheduler.

 

Thanks

 

Allan 2-2-0 HOOAH!

 

 

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3 minutes ago, allansc2005 said:

Now pacmanx1, how can I find out what conditions the VA used to get to my TDIU?

That information should be in your January 2017 rating decision or the decision that rated you TDIU P & T with the effective date of TDIU January 2017.

 

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  • HadIt.com Elder

You claimed them when you filed your 8940  In Sec 1. Generally, though, the rules are:

 

The Individual Unemployability requirements are (1) you must be a veteran to get IU Benefits and (2) you must have one 60% service-connected disability or two or more service-connected disabilities with one rated at 40% and a combined VA disability rating of 70% to qualify for IU Benefits. 

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There are actually at least "2" ways to get to TDIU.  The first is the one broken soldier mentioned, sometimes called "schedular" tdiu.  Also known as 38 CFR 4.16 a, which is the most common. 

Sometimes overlooked, however, by Veterans, Vet advocates, and VA employees, is extraschedular IU, aka 38 CFR 4.16 b, which reads:

Quote

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Interestingly, several years ago, I brought this up to a former rating specialist, who is a moderator at another Veterans website.  He indicated, "there was pretty much no chance of getting tdiu under 4.16b".   

I did not listen to him, and was awarded 4.16b (extra schedular tdiu) in 2017, after a 15 year battle with VA.  Im so glad I did not listen to the "expert" who put me down, as I could not possibly know as much as a (former) DRO, who knew all the ins and outs.  

Well, no I did not know all the ins and outs, but I did know how to read, and 4.16 b clearly says  "ALL" Veterans, and not those who managed to finagle the VARO into 4.16b consideration.  

Of course, the VARO said, "ok, go ahead and submit a 4.16b, and see where it gets you".   The short answer was "denied", but the BOARD was required to interpret 4.16b

"AS WRITTEN ABOVE", and not the classic VARO rater who basically said, if you dont meet the percentage requirements, you are out of luck.  Period.  

 

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