Recently Gardberg had the chance to help a 63 year old Army veteran win his disability claim for total individual unemployabilility (TIU) and successfully appeal the effective date of the claim. The Veterans Administration awarded the TIU disability claim, but limited the effective date of the award to the date the veteran underwent a Compensation and Pension (C&P) exam, instead of the date of his TIU application -which was three years earlier. Our quick and affective advocacy in filing a Notice of Disagreement (NOD) as to the rating decision and thefailure to consider the veteran’s original application date on behalf of the veteran, resulted in VA issuing a second rating decision correcting the mistake and awarding a earlier effective date within a month.
I am pleased we were successful in appealing the effective date and having the VA award TIU back to the original application date. The veteran received an additional three years of back pay he deserved, resulting in over $30,000.00 dollars paid to him.