TDIU effective date and does that date change EED?

[qwiksting]

 I have a question about  Effective date of my rating and the 5,10,20  year rule, and maybe even over 55 rule as that applies to me. 

I was rated 80% March 2005, then September 2013 was granted 80% TDIU P&T (TDIU was for the 70%PTSD MH) I was called by the VA back in 2006 asking if I wanted to apply for TDIU, and at the time I did not know what it was and I was working and told the person it was my therapy to work to "Buzz off". I was let go in 2013 from my job on account of my SC issues and meds I was taking from work. So, how does having TDIU work? Does it start the "Clock" over again or reset it at Sep 2013 TDIU date and now I have a new 20year date?? Erasing the EED of 2005? Sorry if this is all over the place. I am trying to be as coherent as I can about my question. 10 years from 2005 is 2015 and 20 years from 2005 is 2025. Does TDIU just go with that date or is there another date? I do not plan on working or earning any income, (Physically and mentally I am unable to. This is just trying to know when I can breathe alittle easier about my situation. I have tried to read and understand TDIU and P&T and re exams and what not. But it always appears that there is a possibility of something popping off (anxiety and paranoia is what I live with daily) I will not be filing anything, even if I have a DX that falls withing the pact act nor try for any increase as I am already paid at 100%.  

[pacmanx1]

10 minutes ago, qwiksting said:

Ok, thank you for clearing that part up. Now, how about this. TDIU P&T awarded September 2013. Should the 5- and 10-year rule apply to this if it is being categorized as an increase? 

YES. Each rating decision and effective date has their own 5/10/20 protection year rule. 

[john999]

I don't think anyone really has the answer about the TDIU rating being protected after 20 years.  If you have TDIU and you are p&t I don't think you have to worry unless you go back to work.  I was TDIU for 20 years and recently got actual 100%.  I never had a problem with reductions.

[pacmanx1]

1 hour ago, qwiksting said:

I have a question about  Effective date of my rating and the 5,10,20  year rule, and maybe even over 55 rule as that applies to me. 

I was rated 80% March 2005, then September 2013 was granted 80% TDIU P&T (TDIU was for the 70%PTSD MH) I was called by the VA back in 2006 asking if I wanted to apply for TDIU, and at the time I did not know what it was and I was working and told the person it was my therapy to work to "Buzz off". I was let go in 2013 from my job on account of my SC issues and meds I was taking from work. So, how does having TDIU work? Does it start the "Clock" over again or reset it at Sep 2013 TDIU date and now I have a new 20year date?? Erasing the EED of 2005? Sorry if this is all over the place. I am trying to be as coherent as I can about my question. 10 years from 2005 is 2015 and 20 years from 2005 is 2025.

The protection rule begins with each effective date. So, from your March 2005 80% rating protection begins in March 2025. You were already rated at 80 % but the VA awarded you 80% TDIU P & T in Sept. 2013, so your protection begins in Sept. 2033 twenty years after your effective date that the VA increased your rating to add the TDIU P & T rating. So basically, veterans have multiple protections on each rating decisions if they were awarded/granted an increase in their ratings.

[qwiksting]

Ok, thank you for clearing that part up. Now, how about this. TDIU P&T awarded September 2013. Should the 5- and 10-year rule apply to this if it is being categorized as an increase? 

Thank you for your reply.

[broncovet]

You need not worry about it. 

When you appeal a decision (even if you appeal the effective date), and its awarded upon appeal, its "as if" the denial never occurred.  

So, if the VARO awards you a 2019 effective date and you appeal it to the BVA, and the BVA grants  a Sept, 2013 effective date, then its as if the 2019 effective date never happened, because it was overturned on appeal.  

The 5 year protection  rule would apply (to an Sept. 2013) , so you havre the 5 year protections.  

You also will have the 10 year severance  protection in Sept, 2023.  

To explain there are 3 different protections here:

1). 5 year or P AND T protection.  https://www.law.cornell.edu/cfr/text/38/3.344  In a nutshell, you have to have had "actual improvement under ordinary conditions of life" in order for VA to reduce your rating.  

2.  Severance.  The 10 year protection applies to severance (completely removing the rating), not a Reduction.  

https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFRb3a446cfa51526c/section-3.957

3.  20 year protection.  After 20 years, your rating can not be reduced OR severed, unless fraud is involved.  https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFRb3a446cfa51526c/section-3.951

    In short there are 3 different regulations for each of the 5 year( 38 CFR 3.344)  10 year severance (38 CFR 3.957) , and 20 year protections (38 CFR 3.951)

    

[qwiksting]

I guess where I am getting hung up is, 2. Severance at 10 years. Would TDIU be considered a "rating" that at 10 years could not be severed. Or is it a "Special" thing and not a rating.