tdiu Do I Need Second Sc Disability

[eddingtons]

HI.

I was awarded 70% for Bi-Polar Feb 2010. I recently submited 21-8940 to increase to TDIU since my bi-polar has effected all my jobs in the past five years and I have not worked since Dec 31 2009. My VA doctor noted in my chart that I was unemployable. Today I visited the Louisville Ky office of to check on the status of two of my children who were not added to my case when the other four were.. vet rep said they were sitting in limbo..well actually the term was filebase but he helped to fix that situation.

While I was there I questioned whether my DAV rep was correct in telling me that I could not file for 100 Perm and total and TDIU that I had to choose one or the other. The veteran service rep explained that no I didnt have to choose but that if you qualify for PT you obviously would not need TDIU. That part made sense what did not make sense is that he told me I would not qualify for either since I only have one SC disability. He told me I would have to have at least one more even if it was only 10% before they would even look at me for either TDIU or PT. Strange thing is that when I received my 70% award letter there was a 21-8940 form included.

Is it correct that no matter what you have to have two separate SC disabilities?

[Berta]

"if your going to file a notice of disagreement, you do not want to file right away. You should take 3-4 months and go back to revisit your doctor(s). Have them perfom the exams that you went through for your C&P. Have them write in their notes that your worse than what you have been awarded. Do this if you wish to get a higher rating."

This would be good evidence as a basis for Requesting a Reconsideration of their decision within the NOD period.It also would be good to have a vet rep who supports this type of request too.

Sometimes this type of request can get a faster and better decision if the additional evidence warrants it. It does not stave off the NOD year clock however.

"Does anyone know if I sign up with a service organization can I still submit supporting documents IE my letter from SSDI showing that I was approved?

Also my letter just shows that I receive SSDI not what disabiltiy it is for, even though my only disablity is Bi-Polar and hence I receive SSDI for service connected disablity. Does VA contact SSDI to confirm reason for compensation?"

You bet you can. My former reps never ever read most of my evidence,let alone submit it themselves.

If you get SSA solely for a SC condition, this is in essence an IMO and the VA MUST consider it as probative evidence of unemployability. (Washington V Derwinski)

They (VA) will send you an authorization form to obtain the SSA records.(unless that has changed but I think they still need your signed authorization form)

Make sure you follow up on that and that they do actually get them.

I had both DAV and a state org. I won my claims myself. They saw no merit in my claims and I feel they even worked against me.

It all depends how lucky you are to get a rep who actually has a clue on VA case law.

[Gulfvet45]

HI.

I was awarded 70% for Bi-Polar Feb 2010. I recently submited 21-8940 to increase to TDIU since my bi-polar has effected all my jobs in the past five years and I have not worked since Dec 31 2009. My VA doctor noted in my chart that I was unemployable. Today I visited the Louisville Ky office of to check on the status of two of my children who were not added to my case when the other four were.. vet rep said they were sitting in limbo..well actually the term was filebase but he helped to fix that situation.

While I was there I questioned whether my DAV rep was correct in telling me that I could not file for 100 Perm and total and TDIU that I had to choose one or the other. The veteran service rep explained that no I didnt have to choose but that if you qualify for PT you obviously would not need TDIU. That part made sense what did not make sense is that he told me I would not qualify for either since I only have one SC disability. He told me I would have to have at least one more even if it was only 10% before they would even look at me for either TDIU or PT. Strange thing is that when I received my 70% award letter there was a 21-8940 form included.

Is it correct that no matter what you have to have two separate SC disabilities?

The DAV field reps and NOS's are not as good as they use to be. I miss the days when they trained in Denver.

With your doctor stating they you can not work because of your Bi-Polar, file a NOD stating that you should have a higher rating due to the fact that your doctor states you can not work. Use a VA form 21-4138. You can ask for both the SC100% rate for PB and IU at the same time. The VA has to complete the claim on your BP first to see if your rating should be 100%. if it is they will award you the 100% and drop the IU claim per VA law. If your BP does not rate at 100% then they will move on to the IU claim.