TDIU info needed

[Mideis]

I’m currently 90 rated and just seeking info on tdiu. Right now my vso is hell bent on me getting up to 100%. I’m getting ready to file gerd, Barrett’s esophagus, hiatial hernia secondary to ptsd. Also I’m filing r/a due to burn pit exposure, and sinusitis. But if they deny then I’m gonna see about tdiu

what effective date would the va use for tdiu? I first filed in Nov 2011 for ptsd, filed Nov 2012 due to lower lumbar herniation. I was medically retired from DoD in July 2012, I also was awarded ssdi back dated to July 2012. I did not use anything but my service connected disabilities to obtain both fers medical and ssdi awards. They were at the time (tbi, ptsd, tinnitus, sciatica, and l5-s1 herniation). The va had evidence of back problems in my service file and in 06 when I got out and started seeing them. So if I ended up with tdiu. What would the effective date be?

Now when I file?

last spine increase?

last ssdi review

Nov 2012 for spinal rating 

july 2012 last day worked for dod, started receiving fers and ssdi 

also does tdiu deem one eligible for champ va and chapter 35 benefits

 

thanks
 

 

[broncovet]

I recommend filing NOW.  The longer you wait, the less your retro check will be.  

According to CCK law, TDIU can be permanent, but not always.  https://cck-law.com/veterans-law/is-individual-unemployability-permanent/

Your decision should state one of these things which indicate P and T: 

1.  No future exams are scheduled.  (I dont like this one.  If you take a letter like this to your local tax assessor, they may or may not understand this means P and T..are VA benefits not conusing enough to put stuff in there that does not actually say "P and T"?) 

2.  Eligibility to Champ VA and Chapter 35 is established.  

      As far as the effective date, this gets complicated, as usual.  The general rule of effective dates is Later of the a)"date of claim" or b)  facts found.  Facts found means the date your doctor says you were no longer able to maintain SGE (substantial gainful employment) due to sc conditions.  

    Both "date of claim" and facts found can be disputed.  For example, "informal claims" were allowed in the past.  (before 2019) Now, you have to submit a formal claim, no informal claims are allowed.  You could, prior to 2019, tell your doctor, "Im not able to work, and am seeking to apply for TDIU", and this could be used as evidence to establish your date of claim, provided, of course, the doctor documented this statement.  

     There are exceptions to the effective date general rule.  Some of those exceptions, at least are in the Veterans favor.  For example, if you apply for benefits "within a year of exit from service" then your claim date is the day after getting out of the military.  There are other exceptions such as a claim for increase, and 38 cfr 3.156c pertaining to the submission of new evidence.  Effective dates are complicated, I always suggest if the effective date "does not pass the smell test", its probably fishy, and you should ask a Veterans law attorney about appealing the effective date.  Its way more complicated than my brief summary.  

 

 

Edited May 21 by broncovet (see edit history)

[john999]

In my case the VA used the date I was fired from my job as my EF when I applied for TDIU.  I was in the VA  hospital on that date, so maybe they used that for TDIU.  I received SSA disability effective that date as well.

[Rattler]

I would push for the July 2012 date. You stated you were both medically retired and awarded SSDI on July 2012. Assuming you still have you documation for both your medical retirement. I also went to the local Social Security Office and had them print the decimation that stated what they awarded your SSDI  for and filed them with my the VA form for the TDUI. Do the leg work yourself. Don't count on your VSO to get the docunation for you. At the time I went to the Social Security Office it was in the middle of COVID and had to do it over the phone. Don't take no for an answer and ask for the supervisor id you get the dumb looks. explain to the supervisor that you need it for your VA claim. If you can't get an in person appointment as for them to mail it to you.  If you do that it will speed up the claim. 

Don't count on them approving your your EED of 2012 on the first go around but you may get lucky. I had to file a Higher Level Review (HLR) as a CUE claim to get mine. I also ask for the phone call in the HLR. I filed my HLR on Sept 28, 2022 and received my back pay one Oct. 13, 2022, they awarded me 3 years back pay. One thing to keep in mind it takes 3 signatures. The ratter and two higher supervises to get the approval for that much back pay.

I disagree with your VSO on filing for gerd, Barrett’s esophagus, hiatal hernia secondary to ptsd.  I would file for TDUI first as you are already at 90%. Wait for that decision than file for the gerd, Barrett’s esophagus, hiatal hernia secondary to ptsd as even if you get enough to award them and push you to 100% scheduler it would not get you your back pay to 2012.

Last do some research her and look up EED's hare as there is some good Reg. info posted by our moderators and others. 

Good luck Rattler

[john999]

Very good advice, Rattler.  Go for the big payday and put the dog and cat claims on the back burner for a while.