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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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My question doesn't really point at the requirements for TDIU, I already have that, but more toward the aftermath of TDIU as it relates to claims that were denied earlier, and later approved, as in my case.

 

Recap: Was approved for TDIU P&T back in 2017. In 2019 filed for secondary Over Active Bladder(was earlier denied) as it was secondary to SC for spine issues, and that claim was approved, and was connected by the C&P doctor to my SC spinal problems.

 

Question:(already answered by pacmanx1), anything on the bone for retro concerning the approved OAB claim?

 

As a footnote, I do understand there are possible SMC's involved here, and I understand the criteria for getting SMC's-100% either TDIU or Scheduler, and another totally different condition rated at 60% or more.

 

Thanks,

 

Allan 2-2-0 HOOAH!

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Your retro is based on the VA's determination of the effective date.  

Your effective date is the later of the facts found (date the doc said you were tdiu) and the date you first applied.  There are, however, multiple exceptions to the general effective date rule.  

Some examples of exceptions to general effective date rules (not a complete list):

1.  If you got out of the military and applied within a year.  

2.  If this is a claim for increase (CAVC ruled that a claim for tdiu is a claim for increase), you can get it backdated up to a year.  

3.  Informal claims.  Prior to about 2017, you need not use the applicable form.  Indeed, if you told your doctor you were unemployed and were seeking benefits, this could qualify as an "informal claim for increase", based on the older rules.  Your doc would have had to written this down, an oral claim wont qualify.  

4.  If you qualify as a Nehmer Vet, there are special rules.  

      These are not all the exceptions.  To really determine your effective date (and thus retro) would involve reviewing your file, finding the date you first applied for tdiu.  (To include informal claims for tdiu).  It would also require review of your medical records to see the effective date your doc said you were disabled.  

      Since we have not reviewed your file, we cant tell you the effective date.  A lawyer can do this, once you get your decision, if you dispute the effective date.  

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Bronco, I'm not really worried about a retro date as I already have TDIU, my theme here is after TDIU and retro.

Can you receive retro on a secondary SC disability  won AFTER TDIU?

 

Allan 2-2-0 HOOAH!

 

 

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The date you filed your claim for OAB was 2019 and you have/had been getting TDIU since 2017 so no likely retro possible.

Say you filed your claim for OAB in 2015 and the VA granted you TDIU in 2017 and then the VA granted you service connected OAB in 2021, the VA would owe you retro form 2015 to 2017 and no more but since you were already getting TDIU for 2 (TWO) years prior to filing a claim for OAB it is no way the VA would owe you any retro. Sorry for being blunt but wanted you to know without wondering/worrying.

 

 

 

Edited by pacmanx1
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