Va Tdiu Effective Date
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This is true only if we get the claim within one year of the date of the report of the Veterans actual or presumed death.
Va tdiu effective date. The effective date is therefore reliant on other factors. The key factors in this determination include the date the VA received evidence of the Veterans unemployability and the status of the Veterans disabilities at the time such evidence was received. If you are granted individual unemployability establishing the proper effective date can result in a substantially higher retroactive award of benefits. Determining the proper effective date can make a significant difference in benefit calculations.
You do not get compensated for something your never filed for until 2018. But before the VA made a final decision on the rating for the disability 82015 for me the effective date for an award of TDIU would be the date the VA received the claim for service connection 82015 or the date the veteran first became unemployable due to his or her service-connected disabilities 92016 for me whichever is later. If the VA first received evidence of the veterans unemployability after the VA granted service connection but before the VA made a final decision on the rating for the disability the effective date for an award of TDIU benefits would be the date the VA received the claim for service connection or the date the veteran first became unemployable due to his or her service-connected disabilities whichever is later. The VA Regional Office may make you file a VA Form 21-8940 and will most assuredly play games with your Effective Date for this benefit.
Had you filed your claim back then then you effective date may have been 2010. It doesnt matter that you have not worked since 2008 and that it was documented by a 2010 CP. An effective date is the date that a benefit became effective and it used by the VA as a start date for the payment of disability benefits for a claim. The difference can be years before you ever filed your application to VA.
You applied for TDIU in April 2018 your effective date is April 2018. However there are many situations in which this general rule does not apply entitling you to an earlier effective date. The effective date is when you will start receiving your VA disability compensation. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed.
Reach Out to Assertive Attorneys. The effective date of a claim impacts the amount of retroactive benefits a veteran will receive. For example suppose a veteran is diagnosed with PTSD in January 2018 and applies for benefits in March 2018. 1 the date the current underlying claim s was filed and 2 the date the veteran became unemployable due to the service-connected disability.
The Extra Schedular TDIU process is not easily understood or applied by Veterans VSOs lawyers advocates and judges alike. Effective Dates of Veterans VA Disability Claims. The effective date of a TDIU rating is the date when the VA received the claim for service connection or the date when the VA believes the Veteran became unemployable as a result of their service-connected disabilitywhichever is later. The general rule for effective dates on the first application is based upon the date medical evidence of the disability existed or the date the VA received your application whichever is later.
This is determined by two factors. Often times when the VA grants TDIU they will assign your effective date as the date you submitted your form 21-8940 rather than when you actually became entitled to TDIU. Remember the effective date is the date you were found to first be unemployable. Otherwise the effective date is the date we get the claim.
The effective date of a TDIU rating is the date when the veteran became unemployable as a result of the service-connected disability. The correct date the TDIU retroactive payments should begin is the effective date and not the date you applied for benefits.