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prietosky

Somebody Who Can Help Me

Question

I just need to know the possibilities to get a TDIU aproved.My service connected conditions are:

1-40% for TBI

2-10% for chronic adjusment disorder

3-10% for right showder myositis

4-10% for lumbar myositis

5-10% for cervical strai

I have a 60% overall. I was awarded SSD due to physical service connected conditions, PTSD chronic

and severe major depresive disorder with recurrent psychosis. Do i have to request a increase compen-

sation in order to meet the requisites to TDIU or it will be enought with the SC that I already have.

I will apreaciated a comments to this issue.

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First of all, to be considered for Total Disability due to Individual Unemployability, you MUST FILE a FORM #21-8940.

By doing so, it is considered an application for increase in your disability(s)compensation, matter-of-fact that is how the form is titled.

Do this, and do it TODAY, for the date that they (the VA) receives this form is considered your Effective Date, and that date is when you will be retroactively paid back to, when you are granted TDIU.

Oh, and NEVERRRR EVERRRR send the VA anything without delivery confirmation. I, personally, FAX all paperwork and then follow up with a FedEx delivery. but, that's just my paranoia manifesting itself!

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Edited by LarryJ

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Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, 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 That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. I hope this helps

mobie

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mobie16r - shame on you!!!!!! Why would you quote 4.16(a) but not part 4.16(B)??? Are you a VA employee???????????? Unbelievable!!!!!!!!!!!! Am I picking you . . . you bet your azz I am!!!! The VA does this all the time in an effort to avoid paying claims but for you to do this, I can't believe it!!!!!!!!!!!!!

Here's part 4.16(B): (B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran’s service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

Sec. 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, 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 That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. I hope this helps

mobie

Edited by Philip Rogers

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Darn it PR, Dont Flip out,(Ha, Ha) but do keep them on the right side of the road.

I do agree, what is it with 4.16 part B. It seems to disappear.

J

Edited by jbasser

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No Phillip,i have never worked for the VA although i have personaly helped a lot of veterans in my hometown and in the state i live in also Ga,fl,In,and OH.Maybe i was wrong for not posting 4.16B but my reason why i didn't post it is because of a veteran that did work for the va and i am going to quote his words about 4.16B Extra - scheduler and these are his words.

Quote:

I'm not saying that it isn't true, but they are extremely rare. I've been doing this for 35 years now, including 30 at VA, and I have yet to actually see an extra-schedular IU in person. I've heard of a couple, but never saw one. I worked at a fairly large Regional Office and not a single request for an extra-schedular IU was submitted to Washington during that entire time. An extra-schedular IU is probably the rarest of rare birds at VA.

Like i say maybe i was wrong for not posting it,just seen like a waste of time,it take long enough as it is to get a claim granted. I really was just trying to be helpful,aren't that what hadit about?

Mobie 16r

!00% PT PTSD

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