Evidence gathering stage of TDIU claim

[Rivet62]

I want to be very sure that I understand the span of employment history that VA is seeking for my TDIU claim.

Some say, just provide the last 5 years from the date of the TDIU request/claim and backward from that date. Others say that VA wants the last 5 years of working history, the history of work prior to the recent 3 years of unemployment (3 years of unemployment, and the 5 years of working history prior to the 3 years of unemployment.

What's right? The date that VA acknowledged receipt of my TDIU form is January 26, 2022.

I went on eBenefits and it shows this:

 

 

Edited February 7, 2022 by Rivet62

[john999]

I got TDIU P&T 20 years ago.  I really worked at it, but to some extent I think I might have been lucky.  I did have four IMO's, and I decided I would not be denied.  I just think they put vets through hell as does the SSA.  They just want you to work or starve until your last gasp. You just have to persist.  Maybe because I filed for TDIU before the Iraq War and before Afghanistan got going there was not such a large number of vets getting hurt.  I have not secrets as to how vets win their claims besides getting good IMO's and staying in treatment for whatever ails you.  Use the VA to document your illness and injury.

[Rivet62]

3 hours ago, Buck52 said:

TDIU cases are different. The VA awards retro-dated benefits to the time the disabled veteran became unemployable as long as the underlying issue causing the unemployability remains open or on appeal.

So let me get this straight.  I filed an NOD and stated "did not consider TDIU as they should".  One of the issues on my NOD is back issues.  I received an SOC concerning back issues. If I filed the TDIU 1 month after the date of the SOC then basically my back issues are still alive and on appeal and so the TDIU effective date would go back to the original decision because the back issues appeal is still alive?? And at what level would the effective date be applied, based on what you're saying? Should it occur at the RO level? Or, would I have to appeal it after the RO uses the date of the TDIU application as the effective date?

Edited February 9, 2022 by Rivet62

[Rivet62]

4 hours ago, Buck52 said:

I also would recommend you tune into the hadit Exposed Vet Radio /Podcast show  and call in to ask any realted VA Question,  especially a claims question  , they have some wonderful highly intelligent people on there that can answer your question  , they have retired claims senior claim raters on and have Alex Graham on (aks Asknod)at different times,  these guys can help you with your claim or any problems you need help with. 

Wow thank you

[Rivet62]

4 hours ago, Buck52 said:

The point I want to make is medical evidence is what it takes to win TDIU,   dates are also important it takes persistance to keep going ,  never quit, but letters from past employers stateing  why they let you go,  Voc-Rehab Letters stateing your Unemployable due to your service connected disability's keep all your medical papers from the past  even before you filed your claim. in your statment in support of claim  let them know why you can't work and show them the evidence why, medical evidence and Dr opinions is good alao voc-rehab letter is good and your statment in support of your claim is good.

I will use this to complete the claim.

[Rivet62]

On 2/7/2022 at 2:07 PM, pacmanx1 said:

The veteran is in therapy and discuss his/her hard childhood.

I was very sure to never give details about my childhood, but the therapists have tricky ways to draw their own conclusions. 

[Buck52]

Remember All Veterans Claims will be different and what another veteran does for his claim  may or may not work for you, Again it all boils down to medical evidence  without this type of evidence VA claims will be denied and at times VA NEVER READS OUR EVIDENCE/OR LEAVES SOME CRUCIAL EVIDENCE OUT  THAT CAUSE DENIALS , when this happens we have to Appeal and go after them legally fowllowing all CFR'S  VA criteria they set forth.

This is what Hadit is for  and also help first time Vets file their claim/claims making sure they file the correct claim forms and submit their evidence.

Although in my opinion there are a few Veterans here on Hadit  that need help from  experince va attorneys or va certified claims agents.