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prietosky

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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  • HadIt.com Elder

mobie16r - Sorry, I was just trying to get your attention. I never really thought you ever worked for the VA. I was just upset you left out 4.16(part B) which I've been constantly mentioning, for about 15 yrs, here. I rarely believe "most" VA employees. I'm fairly sure they are purposely instructed not to mention 4.16(part B) by the VA and are just following orders. I can generally sense whether what they say is truthful. Previously, we've had "LL" here and he was honest and gave "great insight," into the VA but many here would attack him personally because they didn't like what he said and he decided on an extended vacation. James Breckinridge(sp) is also great asset here but, unfortunately, from what I understand has taken some well deserved time off, for now.

You may be right, that the VA rarely sends a case to the CO, in DC." I think what they do is when 4.16(part B) is brought up, is that they increase the disability(s) to meet the 4.16(a) requirements and then award TDIU but w/o the mention of 4.16(part B) they would never do it. It happened to me many yrs back and I almost failed to pursue TDIU, accepting their letter decribing 4.16(a) as truthful.

A VA employee who retired, from my states RO, within the past 1-2 yrs awarded his friends Housebound, before leaving. I know one vet who's happy but shouldn't be receiving HB. Not for me to judge!!! jmo

pr

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

Edited by Philip Rogers
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I concur with all here who have read and used 4.16 B.

And have had personal experience that it works.

The VA doesn't want us to test it.

They hold back the 8940 until the vet reaches 70% for the sole purpose of having the vet lose potential retro.

Because the EED for TDIU is almost always the date they receive the TDIU form.

I explained many times how that date can be changed to provide more retro in certain situations.Due to medical evidence.

But still as PR said here many times and others echoed it too-

the TDIU 21-8940 should be filed YESTERDAY! and if a vet rep discourages you- contact his or her boss because it means they don't know how to do their job.

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  • HadIt.com Elder

You know what the VA will sometimes do if you send in the IU form. They will adjust your rating so that you fit the profile of 4.16 A. Send in the IU form! I sent mine in when I was just 30% and unemployed. I got TDIU back to the date I filed the form and not to the date they bumped me up to 70%. If you fit 4.16B send in the IU form.

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  • HadIt.com Elder

My suggestion is to fill out the TDIU Form and also ask for an increase. Seems to me that 10% is a low ball on adjustment disorder. How many Veterans with Mental Health issues are 10%. The VARO will have to review all your service connections and if you have any other issues for service bring them up also.

I take it since you are asking for TDIU you are not able to work> If you have SSD please let them know.

Good Luck

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" To receive TDIU, regardless of your percentage of disability, you MUST, MUST, MUST file a VA Form 21-8940, which is, in and of itself, a request for an increase in percentage of compensation (the title of the form actually says as much). "

Legally, I beg to differ.

Any veteran filing a claim for disability is automatically asking for the highest disability rating possible.

Although I filed a straight forward claim for service connection of my PTSD, I was initially awarded 70% service connected and TDIU with P&T.

I was awarded an effective date that was kinda stupid and that's what I am on appeal for, an earlier effective date.

VA form 21-8940 has never been mentioned by myself or the VA in my case and I certainly never used one.

That being said,

I sincerely agree that the TDIU form SHOULD ALWAYS be filed by any and every veteran who can't hold a job.

It's just makes too much sense.

Whether or not the form is legally required before unemployability is considered, by filing the form you are showing every VA employee, down the line, that you understand how to play their silly games.

And not to make any mistake, unemployability is what you are seeking regardless of your percentage of disability.

sledge

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  • HadIt.com Elder

"Although I filed a straight forward claim for service connection of my PTSD, I was initially awarded 70% service connected and TDIU with P&T.

I was awarded an effective date that was kinda stupid and that's what I am on appeal for, an earlier effective date.

VA form 21-8940 has never been mentioned by myself or the VA in my case and I certainly never used one."

That's good that you received what you shoulda received via your "straight-forward" claim, but..........if you had not.......then I do sincerely believe that you would have found yourself becoming more familiar that you ever wanted to be, with Form 21-8940 :biggrin:

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