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TDIU Unemployability Claims
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1,177 questions in this forum
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Tdiu - Unemployability Check This Before Posting Your Question It May Have Already Been Answered!
Posts containing questions about TDIU Fixed the link below https://www.google.com/search?newwindow=1&hl=en&ei=T5IVWueYNcqJ0wKl05M4&q=tdiu+OR+unemployability+site%3Ahadit.com&oq=tdiu+OR+unemployability+site%3Ahadit.com&gs_l=psy-ab.3...15170.16865.0.17999.7.7.0.0.0.0.112.756.0j7.7.0....0...1c.1.64.psy-ab..0.0.0....0.xRbDmiL4cpE
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tdiu Tdiu Fast Letter - June 2013 - Fl13-13
TDIU Fast Letter - June 2013 - FL13-13 http://www.scribd.com/doc/148923612/FL13-013-001
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Help with TDIU Timeline and Case Questions?
Hi. I'm new to the VA process and was awarded 70% for psych issues last September (initial claim made 2010). I filed for TDIU, but VA rules for unemployability are a little different than SS's. I'm wondering if my case is strong or not, and if so what is the typical time it takes for a decision. My anxiety levels are extremely high right now because of this. Here is my short case history. 1995: Treated for psych issues in the military 2005: Long term disability from my employer for psych issues, finally terminated in 2007 2007: Awarded SSDI for those psych issues (have not been employed since then) 2010: filed with VA 2020: Awarded 70% for same p…
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Does TDIU get pulled once I reach the age of 67?
A fella claiming to be knowledgeable said I will lose my TDIU which is P&T at age 67 because that's retirement age. I think he's full of BS. Has anyone heard this before?
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TBear511
Iam 80% Waiting on claim for TDIU due to bilateral pes planus and planter fasciitis with left foot s/p fracture 3rd metatarsal & right foot metatarsalgia. Put it for TDIU Oct 2020 . how long does this take? and also waiting on High Level review for PTSD/MST 10% tinnitus 50% feet issues 20% back 10% sciatic nerve 10% wrist SO 80%
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I/U claim
Submitted a claim for I/U Wednesday night 1/27/21. Today, 1/29 got a call for an appointment on 2/3/21. Is this good or bad? I couldn’t believe how fast it move through the system!!
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TDIU and going for scheduler
my saga 90% TDIU 8 years 7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I really, really miss it. I have to use a two foot piece of tubing in order to ex…
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Does date for 10 year mark for permanent SC status run from application decision/award date?
hello I first applied for SC status Mar 1, 2010. I was awarded 70% SC on Feb 18, 2011. Does my 10 years start running from date of application in 2010 or the date of the decision/award in 2011? thanks for any help
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Do I have any legal recourse here?
Hey, I've been on LTD for about two years due to mental illness & chronic pain. I had done multiple surgeries to treat endometrial cancer, which has left me disabled from work. My psychiatrist had helped me out with the medical questionnaire since my physician was reluctant to doing so. But I received a letter from my insurer saying that they need my physician to fill out a questionnaire for them; if not, they would cut off my benefits. Later, I asked them to send the forms to my doctor; however, I didn't follow up on that. Now they have been withholding my claim for three months. Do I have any legal recourse here? I've thought of contacting an ltd lawyer, suggested…
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I/U Claim
Submitted a claim for I/U had three C&P exams back in the beginning of September and now waiting (as usual). Each week the VA keeps requesting more forms from me via VA.GOV and ebenefits , 4192, 4142 and 4142a, medical records from providers dates and addresses. I submitted all these requesting documents when I submitted the FDC claim (over 100 pages) The VA has all the same documents . VSO even questioned the requests. Question I have is why request the information that I already submitted and filled out properly and they have copies??? Will they see after I submitted duplicated documents it's creating a cluster of papers??? I haven't called Peggy in awhile b…
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I/U Claim
In 2012 the Department of Education granted my T&P Disability Claim. I notified the VA. In 2014 the VA sent me a letter to inform me that had attempted to receive a response from the SSA of my SSDI in August deliberately waiting until August when the SSA had reclassified me at 67 as retired. Fortunately I had a copy of the SSA/SSDI letter dated 2012. All of this was for my TDIU claim. I notified Congress and they confirmed that the VA had received a 2012 SSA of my SSDI status. Now 2019 came and has gone and the VA still is telling me that my TDIU claim is still pending even though the VA has granted only my 100% mental and not my 90% physical rating …
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TDIU application mess
I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control”, both conditions rated “Severe” by SS. I filed an intent to file for TDIU…
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HLR call about case, will I be taken care of?
Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&P exams when all I was trying to do was get the VA to look into a CUE. I explain…
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TDIU claim rejected
I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia. I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities. Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?
0 votes12 answers -
VA status changed from TDIU P&T to Schedular P&T
I was awarded 100% TDIU P&T effective in 2011, I had a few other claims being processed. About two years ago, I was awarded a new 50% rating and the VA appears to have moved me to 100% schedular P&T. No future exams. I have a few questions. Does VA moving me to 100% schedular eliminate my TDIU status in the VA eyes? The reason I'm asking is I was thinking about getting a part time job to keep busy and pay into SS to complete my 40 quarters. It was my understanding that if you were TDIU you can not be employed. But, since the VA changed my status to 100% P&T does that open the door for me to work at all? Also, after 10 years or more being rated at 100% P&a…
0 votes71 answers
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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