tdiu Tdiu Claim Form Sent To Me Before Sc Claim Approved ?

[sunnyboy]

<_< The TDIU form was mailed to me and I haven't been informed on my claim for SC disability yet, I'm currently on SSD, very confusing, emailed IRIS and they said that they had sent it to VBA VA Response Center Group 5, have had CP exams, they have all the paper work from all my Drs., personal witness form, SSD information on approval, VA records showing treatment, don't know what's going on, it's terrible not knowing as I'm sure most Vets. experience, if any suggestions or opinions please help.

[Berta]

It sounds like maybe they are considering an extraschedular award-I see no SC rating in your profile yet-

hard to say though-

Have you responded with the TDIU form yet?

They only send this form when they see a potential for a TDIU award.

They use the date the form was filed for any retro so- if they DO award TDIU it is best to fill out, sign, keep copy of the form and mail it to them ASAP.

This explains extraschedular. A vet might have a SC disability that requres a low rating but other factors due to the disability make employment unfeasible.

“In cases that are exceptional, such that the standards of the

rating schedule appear to be inadequate to evaluate a

disability, an extraschedular rating may be considered. 38

C.F.R. § 3.321((1). Extraschedular ratings under 38 C.F.R.

§ 3.321((1) are limited to cases in which there is an

exceptional or unusual disability picture, with such related

factors as marked interference with employment, or frequent

periods of hospitalization, that makes it impractical to

apply the regular standards of the rating schedule. The

Board does not have the authority to assign, in the first

instance, higher ratings on an extraschedular basis under 38

C.F.R. § 3.321((1). When an extraschedular rating may be

warranted, the Board must refer the case to designated VA

officials. Bagwell v. Brown, 9 Vet. App. 377 (1996).”

I cant think of any other reason why this would be at VBA in VA Central Office-Response Center-

hope others give opinion here.

[carlie]

sunny,

When were you separated from the military?

Are you currently service connected (SC) for anything ?

carlie

[sunnyboy]

It sounds like maybe they are considering an extraschedular award-I see no SC rating in your profile yet-

hard to say though-

Have you responded with the TDIU form yet?

They only send this form when they see a potential for a TDIU award.

They use the date the form was filed for any retro so- if they DO award TDIU it is best to fill out, sign, keep copy of the form and mail it to them ASAP.

This explains extraschedular. A vet might have a SC disability that requres a low rating but other factors due to the disability make employment unfeasible.

"In cases that are exceptional, such that the standards of the

rating schedule appear to be inadequate to evaluate a

disability, an extraschedular rating may be considered. 38

C.F.R. § 3.321( (1). Extraschedular ratings under 38 C.F.R.

§ 3.321( (1) are limited to cases in which there is an

exceptional or unusual disability picture, with such related

factors as marked interference with employment, or frequent

periods of hospitalization, that makes it impractical to

apply the regular standards of the rating schedule. The

Board does not have the authority to assign, in the first

instance, higher ratings on an extraschedular basis under 38

C.F.R. § 3.321( (1). When an extraschedular rating may be

warranted, the Board must refer the case to designated VA

officials. Bagwell v. Brown, 9 Vet. App. 377 (1996)."

I cant think of any other reason why this would be at VBA in VA Central Office-Response Center-

hope others give opinion here.

I've mailed the TDIU formed and am working on form 21-4192 to hand carry to ex-employer, they would not hire me due to my physical condition, as soon as I get the 21-4192 filled I'll mail out, your opinion clears my mind some, you guys are great!

[sunnyboy]

sunny,

When were you separated from the military?

Are you currently service connected (SC) for anything ?

carlie

carlie, I was discharged 1/72, that's what puzzled me with the TDIU form they sent me, I haven't been SC rated yet, the claim is for back injury during jump school, have had 4 surgeries with last one a fusion, numb right leg, no feelings on foot, drop foot, wear a brace to walk, a cane ,plus other complications. Thanks for the response, Love the web site, found it by accident!

[LarryJ]

The TDIU form was mailed to me and I haven't been informed on my claim for SC disability yet, I'm currently on SSD, very confusing, emailed IRIS and they said that they had sent it to VBA VA Response Center Group 5, have had CP exams, they have all the paper work from all my Drs., personal witness form, SSD information on approval, VA records showing treatment, don't know what's going on, it's terrible not knowing as I'm sure most Vets. experience, if any suggestions or opinions please help.

Okay Sunnyboy, suck it in! And calm down............!

And, keep an eyeball on your bank account (you DID give them "direct deposit" instructions didn't you?).

It'll most likely show up on your bank BEFORE you get the letter, unless, like my awards, THEY don't quite understand how direct deposit works (a multi-thousand dollar check from one of my "awards" sat in the mailbox out by the road for 6 days while the wife and I had gone to watch the boy graduate from college....and they had my direct deposit information on my FIRST 21-526 claim form and had had it for over three years....go figger!).

DO EXACTLY what Berta told you to do. Get that TDIU form FILLED OUT AND MAILED! Every DAY that you hem-haw around is costing YOU money.

Trust me on this, okay?

Find something to do. Pet a cat. If you don't HAVE a cat, borrow one from your neighbors (the cat won't mind, don't know about the neighbors, though). Contemplate World Peace (or your bellybutton), but do something else BESIDES letting "this thing" eat you up, 'cause it can, you know.

[Berta]

The foot drop could warrant an SMC K award in addition to TDIU- when the decision comes if they dont consider SMC you might be able to have them CUE themselves as this appears if they award 100% or TDIU-they have to consider SMC too here.

Another example of the fact that no SC rating is needed for VA to consider TDIU.

They can consider it and deny but still it looks to me-since they sent form to you- they are definitely considering it (and the SMC K too I hope)

I think foot drop is K -will check and get back here-

I bet you take powerful pain meds- mention these meds too and any side affects that would render you unable to work on the TDIU form.

Is your SSA for the same exact disabilities due to the inservice event?

Check Yes to question # 18 and then you can refer them under Remarks # 25 to any info as to the SSA award, the meds, and any other information that they should consider to award you TDIU (or 100%)