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TDIU and recent C&P

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IraqVet

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I am currently 70% combined with the VA. 50% PTSD, 30% Kidneys, 10% Hypertension. I am also SSDI that includes PTSD. I have a claim in appeal with the board in Washington DC original claim for TDIU goes all the way back to June of 2010. I was recently pulled in for a C&P just over a month ago.

My question is when I log onto E Benefits and on the initial log in page under Rated disabilities that show all my rated and unrated disabilities and their rating is a new tab with NEW thing in it that were not there before. The tab is titled "Pending Disabilities" this has never been there before and it shows all the things I have in appeal at the board ATM. Does this mean they have decided my case and are waiting to update my stuff , or does it just mean they are looking at or trying to decide my case?

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I believe it means they are still processing your claim . Garthering evidence perhaps or maybe scheduling exams for you. I think I remember on my claim e benefits showed pending next to my claimed disabilities. After they made a decision it showed the rating next to each disability No more pending. Im also 50% PTSD with a total rating of 80% but they denied me TDIU. I'm thinking of appealing the the TDIU rating or perhaps talking to a vocational councilor. What have you found with your claim? Have you seen others getting TDIU with a 50% rating for PTSD? 

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Rocket thanks for the info. My case is at the Board in Washington DC. This is a first for me. My initial claim for TDIU was also rejected. My lawyer told me this and this holds true for your case as well. You are not required to get an increase in any of your ratings to achieve TDUI. What they will look at is if one or a combination of your disabilities prevent you from working. So technically you can still have the very same rating of 80% and they determine you are TDIU. What is required..... and we both meet this is a SINGLE rating of one of your disabilities to be at least 40%, and a combined rating has to be 70% or higher. You will have to have a record of NOT working as they will check to see if you have in fact been working. I have not been able to work since 2009, but I am also rated disabled via Social Security Disability and the primary reason for my SSDI was PTSD. 

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Guys, while your waiting, give serious consideration to the VA Voc Rehab Program. A Denial Letter, from a VA Professional Employment Councilor, indicating your SC's prevent you from even doing SEDENTARY work, would Seal Your Deal on IU.

The Denial Letter could be obtained in as little as a couple weekly sessions. Apply for a Voc Rehab appointment on your E-Ben site. Most VA Voc Rehab offices are located at your VARO and on the same floor as the Rating Dept.

The Voc Rehab Denial Letter, can be used for your States Disabled Vet Property Tax Exemption also.

While your at your RO, you could request to see your C-File, if it's still there. Your supposed to be able to request a C-File viewing, on a walk-in basis, 1st come 1st served.

Semper Fi

 

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I believe Gaston is right on target.  My situation was similar too you guys.  From the point of my claim being docketed.  It took approximately 18 months.  I live by the notion that if I hadn't asked my VAMC doctor for an IMO.  The BVA more likely than not, would have denied my TDIU P&T.  A VAMC doctor can place straight into your medical records an IMO.  The statement needs to go along these lines.  Due to the severity of John Doe's service connected disabilities.  It's of my medical opinion that he is more likely than not, unable to maintain any substantial gainful employment.  Furthermore, it's my opinion these SC disabilities are permanent in nature.  Three months after requesting my doctors IMO and its subsequent  submission to BVA.  A favorable decision was rendered in my favor.  Also, I was rejected by VR&E twice before my appeal was sent to BVA.

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Ironic that if it were positive exams towards your claims they can't be done , however if it paints a negative picture and can validate a reduction the docs jump on it like flies on turds. 

I agree with the above, a letter from Voc rehab would be great evidence to use towards TDIU.

Also SSD evidence for those same disabilities preventing substantial gainful employment would be great.

hang in there guys. 

Jmo

 

 

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I had a SUPER fast decision concerning UNEMPLOYABILITY.  When I reached 70 percent, I immediately put in for unemployable.  I got a letter of acceptance two weeks later...That was FAST, FAST, FAST!  I never received my first 70% check it was so fast;;;;I went directly to 100%.  I am not too sure why this happened but I wanted to share my story to encourage you to apply for this extra disability money.
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