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General Tdiu Questions

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Draggin'

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So confused! I've seen on the forums that while waiting for my rating, since I'm not working, that I should go ahead and apply for TDIU, as it hurts nothing. But I dug into too many specific and personal stories here on the forums and got myself confused. So this is all hypothetical...let's say that I met the medical criteria for these benefits at some point...here are my questions?

1. Can I get approved for and receive TDIU while attending college?

2. Can having TDIU keep you from getting P&T?

3. Can TDIU help raise you to 100% schedular?

4. Can TDIU help raise you to 100% P&T?

5. Can you receive TDIU and P&T at the same time?

6. Can I get approved for and receive P&T while attending college?

7. Can I still work for a family business while receiving TDIU?

8. Can I still work for a family business while receiving P&T?

I appreciate your answers to these questions. If I have more questions after that, I'll ask then. I just want to get these figured out first. Currently suffering from information overload, I do not mean to be rude.

Thanks

Draggin'

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So confused! I've seen on the forums that while waiting for my rating, since I'm not working, that I should go ahead and apply for TDIU, as it hurts nothing. But I dug into too many specific and personal stories here on the forums and got myself confused. So this is all hypothetical...let's say that I met the medical criteria for these benefits at some point...here are my questions?

1. Can I get approved for and receive TDIU while attending college?

NO! You cannot be approved to TDIU, TDIU is for veterans unable to gain suitable employment due to their SC conditions! If you are attending college, why would the VA grant this benefit! Attending college would be grounds for a DENIAL!

2. Can having TDIU keep you from getting P&T?

NO! You can be TDIU and P&T!

3. Can TDIU help raise you to 100% schedular?

This is a mute point, if you are TDIU, then 100% schedular is possible but why if you are already being paid the 100% rate!

4. Can TDIU help raise you to 100% P&T?

See #3

5. Can you receive TDIU and P&T at the same time?

YES!

6. Can I get approved for and receive P&T while attending college?

If you are only 100% schedular, not TDIU!

7. Can I still work for a family business while receiving TDIU?

NO! You need to read the TDIU criteria!

8. Can I still work for a family business while receiving P&T?

YES! Only if you are 100% schedular!

I appreciate your answers to these questions. If I have more questions after that, I'll ask then. I just want to get these figured out first. Currently suffering from information overload, I do not mean to be rude.

Thanks

Draggin'

Hope this helps answers your questions above! I'm sure others will chime in........

Best of Luck!

B6

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1. Can I get approved for and receive TDIU while attending college?

NO! You cannot be approved to TDIU, TDIU is for veterans unable to gain suitable employment due to their SC conditions! If you are attending college, why would the VA grant this benefit! Attending college would be grounds for a DENIAL!

bravo6,

I think argument can be made for attending college or classes -

1) the claimant maybe limited to the amount of credit hours they are able to handle due to sc'd disability.

2) the claimant maybe in need of special accommodations due to sc'd disability.

3) the college classes maybe limited to on line due to sc'd disability.

4) attending class does not meet the criteria of gainful employment.

jmho

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1. Can I get approved for and receive TDIU while attending college?

NO! You cannot be approved to TDIU, TDIU is for veterans unable to gain suitable employment due to their SC conditions! If you are attending college, why would the VA grant this benefit! Attending college would be grounds for a DENIAL!

bravo6,

I think argument can be made for attending college or classes -

1) the claimant maybe limited to the amount of credit hours they are able to handle due to sc'd disability.

2) the claimant maybe in need of special accommodations due to sc'd disability.

3) the college classes maybe limited to on line due to sc'd disability.

4) attending class does not meet the criteria of gainful employment.

jmho

Interesting points! I think if you are attending college then TDIU would not be acceptable for the VA to grant it! JHMO!

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I think if you are attending college then TDIU would not be acceptable for the VA to grant it! JHMO!

Bravo6

In this instance - I am glad you are not a VBA adjudicator / decision maker.

If so, you would be illegally denying claimants IU due to a personal judgement call, of your own making.

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Interesting points! I think if you are attending college then TDIU would not be acceptable for the VA to grant it! JHMO

There are some cases where the veterans' doctor will recommend the veteran to go through Voc rehab to see if it can help the veteran but it will not likely change the veterans condition.

What most veterans don't understand is, you really don't know if you don't ask.

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Bravo6,

I do not think you have a full understanding of the IU regs,

many different situations have to be considered,

I'm going to go ahead and correct this post too.

You posted,

7. Can I still work for a family business while receiving TDIU?

"NO! You need to read the TDIU criteria!"

http://www4.va.gov/vetapp07/files3/0727177.txt

Given the veteran's service-connected disabilities and his testimony, the Board finds the evidence at least in relative equipoise. Although the evidence indicates that the veteran may be working at the delicatessen, such a family business and protected working environment reflects that of a marginal employment. In consideration of veteran's level of education and his prior work history in business administration, the Board does not consider his work at the delicatessen, if any, to be that of a substantially gainful employment.

ORDERA TDIU is granted, subject to the law and regulations governing the payment of VA monetary benefits.

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