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TDIU Unemployability Claims
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1,234 questions in this forum
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TDIU and S-DVI eligibility
I'm confused about the eligibility for premium waivers on the S-DVI. The rules say you may be eligible for no premiums if your disability prevents you from substantially gainful employment. This can only be substantiated by approval of TDIU, but then it contradicts it's self by saying that your Total disability cannot be effective PRIOR to your insurance coverage start date. How the heck can anyone possibly be eligible? Once you've been granted TDIU and they call it "totally disabled", you're disqualified as soon as you qualify. What am I missing here? Is this benefit only for those who started a policy before being rated Totally Disabled? Eligibility Requirements: …
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Shorted on 100% TDIU Payments
I am now TDIU P&T and my summary letter says I will be paid at the 100% rate. But it shows my payment will be $3,303.49 instead of the current 100% amount of $3,332.06. Why am I being shorted $28.57 on my monthly payments?
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Extra-schedular TDIU Rating
Note: The veteran's combined maximum rating is only 50% based on 38 CFR 4.16 (b) the veteran was awarded TDIU. A total disability rating due to individual unemployability (TDIU) effective from August 26, 2014, is granted. Where a veteran's schedular rating is less than total, a total disability rating may be assigned when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided certain requirements are met. Under 38 C.F.R. § 4.16(a), if the veteran has only one such disability, then this disability shall be ratable at 60 percent or more; if…
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Reduced TDIU Restored
However, it is unclear how the RO reached the determination that the Veteran's service-connected disabilities precluded her from obtaining and maintaining substantially gainful employment. In this respect, there was no medical opinion of record suggesting that the Veteran was unemployable due to service-connected disability and evidence, as cited above, that indicates the Veteran was unemployed to spend more time with her family. The reduction in the award of TDIU effective June 1, 2006, was improper; restoration of the TDIU rating is granted. https://www.va.gov/vetapp10/files6/1041384.txt
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Technical question, claims processing
I worked as a civilian federal employee at a VAMC. I thought that my employment records would be a breeze for HR, to fill out the VA Form 21-4192 (REQUEST FOR EMPLOYMENT INFORMATION IN CONNECTION WITH CLAIM FOR DISABILITY BENEFITS)...for my TDIU claim. And besides, the VHA is under the VA and the VBA is under the VA. Right? I could just lean back with my arms crossed and my feet propped up and let the records play out on their own. Easy. Oh no it isn't easy.. The most important positions I have held, and most recent positions I have held, that support my TDIU claim are with this VAMC where I worked. My employment records are no longer STORED at the…
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Statement in Support of Claim. Do I have to?
I received mail from the Evidence Intake Center, requesting the employers' forms VA Form 21-4192, and in the packet was a form for Statement in Support of Claim (VA Form 21-4138). Is it standard practice for them to send you that form? Is VA trying to tell me that my IU claim would be better supported if I upload one? Or do they usually just send the form to everyone? My service-connected disabilities, for which I'm asking for IU increases, are major depressive disorder and my back issues. I look at this form and wonder do I have to? I started writing about what difficulties I have experienced as a result of service-connected disabilities, finding it …
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Evidence gathering stage of TDIU claim
I want to be very sure that I understand the span of employment history that VA is seeking for my TDIU claim. Some say, just provide the last 5 years from the date of the TDIU request/claim and backward from that date. Others say that VA wants the last 5 years of working history, the history of work prior to the recent 3 years of unemployment (3 years of unemployment, and the 5 years of working history prior to the 3 years of unemployment. What's right? The date that VA acknowledged receipt of my TDIU form is January 26, 2022. I went on eBenefits and it shows this:
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Help with VA Form 21-4192
VA.gov is asking me to upload VA Form 21-4192s if I have them, for my TDIU claim/request. I want to be proactive and gather as many as I can, to upload into my TDIU claims processing. The form confuses me, and I suspect it might confuse my previous employers as well. Here's a screenshot of the form and what confuses me: https://www.vba.va.gov/pubs/forms/VBA-21-4192-ARE.pdf Is Box 2 my address?
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7-Day Decision on a 30-year-old Matter: Entering The Guessing Period
I just found out the VA made a decision on a supplemental claim I filed only a week ago concerning a now 30-year-old claim. The matter involves an earlier effective date for TDIU to match the recent grant of an earlier effective date for service connection for GAD. They denied the EED for TDIU based primarily on the now-defunct date of service connection for GAD in 2017 so I sent them that decision along with evidence supporting my inability to earn a decent living for almost thirty years. I averaged over that time, $6000 dollars a year. How much consideration went into records that support a retroactive rating the same as my current of 70% I don't know but most of t…
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Proper way to add pages to TDIU form 21-8940
What is the proper way to attach additional pages to the TDIU request form (VA Form 21-8940)? My DAV VSO is saying use the VA Form 21-4187 (I may have written that form number wrong). I can't find that form number, but he called it a statement in support of the claim form. Which seems only to apply to lay statements. My problem is that my medical treatment history and my employment history exceeds the space on the TDIU form and it exceeds the Remarks section. I can make a note in the Remarks section that says see attached and give each attachment a title, one called Medical Treatment and another called Employment History but is this the best way to include …
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TDIU and Somatic Symptom Disorder, can You point me in the right direction?
I have 70% for Somatic Symptom Disorder and 30% for tendinitis (10% each for left and right ankle and left knee). Using the VA Math I am at 80%. I want to get a hundred. I will save you the story, but what I go through, is not the amount of 80%. I can not walk, sleep, move etc. Its a nightmare. Anyway, I have researched TDIU, but I can not find anything in how I can obtain this due to Somatic Symptom Disorder. Does anyone know what I can read, watch, or do inorder to start building a case. Is there anyone out there that won a TDIU for SSD? I wont bother, just want to know if its possible for this condition. Thank you in advance for you…
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tdiu No Retroactive pay 7 months after approval for TDIU
Was approved for TDIU ON FEB1, 2021. I am having issues getting any straight answer from the VA as to when i will receive my pay raise and retroactive pay. I spoke with the fiduciary hub today and they told me that the funds were approved for release on Aug 17Th, and now its up to the Appeals Management Center to do whatever it is they do to make the deposit happen. does anyone know how long THAT could take, or did i just get another canned answer? Any advice, encouragement, or the number to the AMC would be greatly appreciated. Everyone i talk to have said that i shouldn’t have waited this long. thanks!
0 votes23 answers