ILD

Question:

I just had a C&P examine and I received an overnight letter from the examiner indicating the test results indicate that I MAY have moderate / severe Interstitial Lung Disease (ILD) and recommended that I seek treatment soon. I had recently (Jan 2022) submitted a claim seeking a disability increase (currently at 60%) due to radiation scarring and shortness of breath. Kudos to the VA rater for requesting the pulmonary tests and the Examiner for telling me they found a real problem.


My question: Should I expect the VA rater to automatically TDIU my claim, if his rating results in the expected additional rating of 60% with a possible terminal disease?


Second question: Since I had told VA about these same problems back in May 2020 and the Rater at that time ignored them, should I expect them to back date whatever their findings are this time? Is there anything I need to do pending the VA completing the rating process?
 

P.S. I am waiting for my VA primary care provider to get back to me!

 

Jim's Reply:

"should I expect the Rater to automatically TDIU my claim". No, automatic isn't a word we use much in the VA disability claims process. A rater will take into account all the various factors that will affect a decision.
 

"should I expect them to back date whatever their findings are this time?" No. Only when we formally claim an earlier effective date will that happen. 
 

It sometimes will happen that a VA rater will infer an event and proceed to work the claim on your behalf, but the general rule is that for any action at all to occur, you must first file the paperwork. Good luck!

 


Source URL: https://dev.statesidelegal.org/ild