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Tdiu Granted

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marinemp1978

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I was rated 70 percent on 16 APRIL 2014 (70 PTSD 10 Tinnitus, and 0 lower back)with tdiu deferred. I filed for TDIU immediately and in less than 60 days it was granted. I checked the letter generator on ebenefits and it says I am scheduled for a review in 2018. So I guess I will need to take some of the retro and get a couple IMO to help keep me at 100 percent.

I have a question maybe someone can help.

Is it possible to have my spouses student loans discharged? Ive searched and searched and cant seem to find any answers but thought I ran across something that said this was possible. Any help would be appreciated.

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  • HadIt.com Elder

You should appeal the denial of Chapter 35 benefits (P&T). By the time you NOD the denial of P&T it will probably be a year and that is long enough to show your disability is static. You can get IME in the meantime to show your condition is static. If your spouse was your caregiver she might be able to have loans discharged since she can't work if she must take care of you. I am guessing on this, but otherwise I don't see how it would work to get loans discharged if they are in her name only.

John

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  • HadIt.com Elder

Congrats and I agree with John. Your back is only 0%? I got TDIU in 2009 and they put I was scheduled for a review exam in 2013. I don't know if 4 years is their magic number lately or what. In 2013 I was given a bunch of exams for remands and after they rated that they awarded me P&T. Again not sure if they are doing TDIU for 4 years and then considering P&T but your case sends exactly like mine in those terms.

Luckily or unluckily I have static disabilities so it was probably an easier call for the P&T from the RO. I'd appeal for P&T Chapter 35 benefits (DEA) as John has recommended. With PTSD they can always say you got better. Better to keep the pressure on as you talk about with an IME or keeping VA medical appointments. Sounds like your on the right track. Good luck.

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