Posted by Gregory M. Rada | March 15, 2023 | Disability Compensation
A total disability rating based on individual unemployability (TDIU or IU) is an extremely valuable benefit provided by the Department of Veterans Affairs (VA) to veterans whose service-connected disabilities render them unable to secure and maintain substantially gainful employment.
The effective date of TDIU determines the amount of back pay that a veteran receives, and there are unique rules governing the effective dates for TDIU that can sometimes allow a veteran to obtain an effective date well prior to when they first submitted a claim for TDIU.
In this post, I will explore some of the ways it is sometimes possible to receive an earlier effective date.
There are several scenarios in which a veteran may be eligible for an earlier effective date for TDIU:
The best way to secure for an earlier effective date is to directly appeal the rating decision that granted you entitlement to TDIU. This means when you receive the rating decision from VA granting you TDIU, you have 1 year to file an appeal for earlier effective date.
Your appeal should include argument as to why an earlier effective date is warranted (i.e., there is an implicit TDIU claim in the record), and you should also include evidence to support that earlier effective date. For example, if you are granted TDIU effective June 2019, and you are trying to get an effective date back to January 2010, you will want an expert vocational opinion confirming you were unable to work all the way back to January 2010.
Securing an earlier effective date for TDIU is difficult, but it can be extremely rewarding due to the additional amount of back pay that you can receive. You will want to hire a representative to review every page of your VA claims file to see if there is a possibility for earlier effective date for TDIU. I’ve won cases for earlier effective dates based on a couple words in the file, so it’s important you hire a representative that has a good eye for detail.
Gregory Rada is an Air Force veteran that helps veterans nationwide receive the benefits to which they are entitled. He works with all his clients one-on-one from the start of their case to the end and never hands them off to case managers or paralegals. Learn more about his experience by clicking here.