Question:
I have an overall 90% disability rating. I retired from the Army in 2011 and receive a pension. I have not worked since 2011 besides two internships while obtaining my MSW. I have had many hardships combined with Depression, Anxiety and PTSD (all service connected). My questions are:
1) Which would be better to apply for TDIU and/or UCX?
2) Does the look back period to change the ratings (I think 5 years) have an impact on my ratings when filing for a new claim?
3) If the answer to the previous question yes...Is it possible that by applying for either claim reduce my rating, since the smaller "individual" ratings may be reduced thereby affecting my overall ratings?
Jim's Reply:
It appears to me that you are well positioned for the TDIU benefit. So, to answer your questions:
1) TDIU
2) I've not heard of any 5 year limitations when the rater is reviewing your claims history. Your folder will be reviewed pretty much in its entirety as your claim is adjudicated. Yes, all the data gleaned is a part of the decision.
3) Yes, a reduction in the base rating can happen during the adjudication process. That's a pretty rare event and often won't affect the process of getting to the TDIU rating. For example, you could lose 20% and still easily be eligible for the TDIU 100% benefit.
In any case, none of that should prevent you from applying for the TDIU benefit. Were I you I'd proceed to apply. More info on TDIU is here. Good luck!