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TDIU Effective date

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Owlman321

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Submitted TDIU Claim in November 2021 after requesting an increase on October 2021. Had a C&P exam in December 2021, where the doctor stated I had trouble maintaining employment since Sep 2021 TDIU Claim was recently approved in June 2023 with an effective date of July 2022 (The day I last worked, this job wasn't SGE either). Should I request a change of my effective date through an HLR? I feel like it should be November 2021 and not July 2022 because of the December 2021 C&P findings. 

 

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The bottom line is if you disagree with a VA Decision, you can file an appeal. By filing a claim for increase, the VA should have increased your rating from the date that you applied. Not saying that that increased rating should be a TDIU rating, but it should be the effective date of your claim. Effective dates a normally assigned by the date you filed your claim. TDIU is normally assigned by the date the veteran can no longer work due to his/her service-connected disabilities and have medical proof signed by a doctor. Not knowing what the VA actually did, this is just a guess. 

Edited by pacmanx1
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So what you are saying is the last day you worked was July 2022? Right? The VA spose to pay you back to the date you applied for TUDI. What I am confused on is the July 2022 date and they will be too. Did you work part time or full time?  If you worked Full time until July 2022 than they probably got it right. Part time you may be able to do an HLR and claim it as a CUE Claim.  That how I did mine and made them go back to 2017 from November 2021. I may be wrong but I don't think parttime is considered gainful activity for TUDI but there is a fine line. I will not work until I reach extra scheduler 100% at anything and take the chance of losing my 100% T & P.  

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You can send in your request for EED to the VARO while your HLR claim is pending.  Make sure you clearly state your EED correspondence is directly related to the pending claim.  

However, it may be to late for them to consider or reconsider the EED on the present HLR.   Therefore you will have to

1. file a separate claim for EED or

2. if your claim is denied then on appeal to the BVA argue that you should have an EED in addition to your contentions why BVA should grant you your appeal/claim.

They may do this or remand that portion of your appeal back to VARO to consider your EED request. 

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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