I went to my VSO (VFW) today and filed a 21-8940 for IU. On line 6 my rep put down my 5 disabilities which are: MDD-70%, ruptured L gradricep-30%; DDD of the spine-20%; DJD L hip-10%; DJD L knee-10%. On line 24 we put "vet is no longer able to obtain or maintain gainful employment due to the severity of his combined physical and mental service connected disabilities." We talked about the effective date being the date I filed the claim on jan/2008. But he failed to put it on line 24, saying " the VA will automatically use this date if they award me IU, if not we'll appeal it then." I am thinking about filling out form 21-4138 and requesting them that according to the regs they must put the jan/2008 date on the claim if I am awarded. One thing I don't have, a doc statement saying I am not able to work because of my SC'ed disabilities.

babyray

If the decision was made less than a year ago you have every right to file a NOD and the effective date should be the date that you filed.

Your VSO needs a lot of training if he is going to be a Rep.

I am not going to comment on the Forms cause I really don't know but since you did not file till Jan 2008 you can certainly disagree with the decision that did not grant TDIU.

Bullshit!
The VA will use the latest date that they possibly can. Which, in your case, will be the date that they made the decision on your MDD, or whatever was your LAST decision.........they'll only go back to when you filed your claim, if forced to. I know, I've got an NOD in, at this time, for the VERY same thing that you are talking about. They have, so far, screwed me out of two years worth of TDIU retro because of this very thing.
I'm learning. I don't know NEARLY all the ways that they can screw ya, yet, BUT, I'M LEARNING!

LarryJ, thx for your concerns. They made a decision on the date I filed my claim which was jan/08 and got a decision on february/ 09 for 10%. My recon/last decision was on oct/09 for MDD of 70%. What u ars saying is that my TDIU RETRO will be oct/09, correct? Will it help if I file a statement in support of my claim on form 21-4138 requesting a retro date of jan/08? If they do not comply file a NOD for the date?

babyray

NO, what I am saying is that they will SHOW that your TDIU retro date is November 4th, 2009 (yesterday, or whichever day it is that they receive your TDIU claim). Then, when you "call em" on it, they will try to give you the Oct, 2009 date, the date they AWARDED you your MDD for 70%. When, in actuallity, it should be the date that you originally claimed for MDD, for that is the date that you ORIGINALLY became ELIGIBLE for TDIU. NOT THE DATE of your AWARD for MDD, but the DATE YOU ORIGINALLY CLAIMED MDD, for that is when you became eligible for TDIU.

How'm I doin' here? Are we on the same wave-length?

We talkin' M*O*N*E*Y, here, okay?

LarryJ, I gotta. The date that i originally filed for MDD was jan/2008 and this the date that I originally became eligible for TDIU. I gotta, I gotta. thx, thx.
Here is a another techincal question: Should I get a IMO from my VA pysch doc or my private doc? Thx for your patience & concerns. Chow
babyray

If your private doctor knows the VA's format for a report get it from him. You can control this report. The VA doctor's report will go directly into your record. You want to be able to look it over to see if there are any booby traps in the report before it goes into your record. If the VA doctor really knows his stuff he could do a report, but it would not be an IMO. An IMO is an independent Medical opinion. Your private doctor can refer you to one of his buddies who will write you a good IMO. This is how I got a dynamite IMO. My doctor referred me to someone who used to work for the VA. She just hit that IMO out of the park. I came out of the exam with three new conditions that the VA granted SC for that I had not even asked for SC. The VA still refers to me as "the guy will all the conditions".

john999, thx for your conerns. My private doc knowns the VA's format. In fact he has written 2 IMO's for me to get me where I'm at now, which is 90%. So I will call him today to get the ball rolling. Thx again for your info. Chow

babyray

It pays to go over this often.

TDIU will-if awarded- be paid back to date of TDIU 21-8940 form.

It can be nodded if there is medical evidence that VA has that would show the grant should have better ,earlier EED.

I always use my husbands case - he applied for TDIU (they never acknowledged the form however and he filed additional formal claim for higher PTSD rating in 1992.before sending them the 21-8940)

When they awarded 100% P & T he was dead for over 3 years already.

But they used his SSA date ( SSA award solely for PTSD) Nov 1991 - as the earliest effective date.

Nehmer AO claims are different-no time to get into that-

Vets can also challenge a TDiU award and request a staged rating.

I never thought of that when VA made the posthumous 100% award.

My husband didnt jump from 30 % to 100 % overnight-

they save money when they do not consider staged ratings and it seems the vet has to request these ratings themselves.

The VA will go back at least one year prior to the TDIU form receipt date with ample proof that unemployability due to service was evident by medical evidence-in that same year prior to TDIU award EED.

I dont know if they ever go past the one year prior.

can this form be filled out via VONAPP? or do i have to print and mail in? and where do i send it? i know, i know....lots o' questions

sorry to hijack....

If it is on VONAPP (it should be) yes you can file it that way but make sure you make a copy of it.

I assume VONAPP can generate receipt of the app and best to make copy of the VA's formal electronic receipt of the TDIU claim.

The only problem I foresee is if VONAPP allows you to expand on question # 25. Does it allow you to attach additional info via a disk?

Or you could simply do that by snail mail and refer to the on line application.

nope - not on VONAPP. oh well...i'll call and find out where to mail it.

thanks berta!!