tdiu Thinking About Filing For Tdiu

[Penelope]

I think I have posted this is the wrong place, so I am re-posting it here.

I am trying to figure out whether I should apply for Permanent and Total and Unemployablity and when I should do that. Your thoughts are appreciated. I was rated at 60% for Chronic Fatigue Syndrome in 1994. At the time of the rating, the decision states that "extra scheduler evaluation is not necessary". They had also considered granting a 100% rating. I also had other medical conditions mentioned in the decision. In 2012, I was unable to continue working due to increasing medical issues. On my doctor's advice, I retired. It was not a medical retirement, I had my time in and was eligible. I also filed for Social Security Disability. The hearing decision has not come back, yet. I don't understand what is meant by extra scheduler evaluation not necessary." After thinking about the last statement, I think they didn't consider because they didn't have to as I was still working. I think I need to wait until 2015 to file the claim so that my 60% rating is protected. Is this correct? Thanks for your thoughts.

[john999]

There are two shrinks I can recommend who would give you a sympathetic TDIU evaluation in Tampa. There is another one who did good for me, but I don't know her that well and she maintains fiction of being unbiased IMO. If a shrink says you cannot work due to CFS I think that would do it. They could send you to someone who does vocational stuff. These guys all know each other and can help. I even know a lawyer in Tampa who knows these doctors. Is CFS considered a emotional disorder or physical medical disorder?

[Penelope]

I believe it is considered emotional rather than physical. However, it does have symptoms that are both physical and emotional. Any direction you can give me is appreciated. I have been going through my papers and am amazed at the amount of info that I have. I found documentation from my VA doctor that says it is permanent, for one thing. Thanks again for your help.

[Penelope]

I received a favorable decision from SSDI. It mentions Chronic Fatigue Syndrome and Epstein Barr Virus. It also included Sleep Apnea and Obesity as issues. It also mentions age and that I am close to retirement. Independent Vocational Expert said I had no transferrable skills. No jobs exist in significant numbers that I can perform. Will this decision from SSDI help me or hurt me in obtaining a favorable claim for Unemployability and Permanent and Total. I have the 60% rating and my VA doctor has written that the condition is permanent. Not sure how to start this battle and what I need to put up the best fight.

Thanks for your help.

[john999]

TDIU must be solely for SC conditions. Your SSDI mentions conditions that are not SC. It also mentions age. These are factors that will not help a TDIU claim. How long before your 60% is protected? The independent Vocational Expert's report would help. What is date of your 60% award? On that date your rating is protected. You don't need to wait until 2015. You might wait until one day after your hit the 20 year mark. Was your SSDI award based on CFS and all the other conditions you mentioned, or just the CFS? If SSDI is for the total of all conditions then I would not use it as evidence. I would get an opinion from a doctor saying your are Totally disabled due solely to your CFS and use that as your evidence.

John

[Penelope]

John, Thank you for replying. My 60% will be protected in November 2014. Thank you for answering. I think these other conditions may also be associated with Chronic Fatigue Syndrome, but have to check on it. I think I will have to get a written evaluation report from a Doctor related to the Chronic Fatigue. If you have a suggestion on docs in the Tampa area, I would appreciate it. I have a while to work on this. Thanks.

[hurryupnwait]

Hi Penelope

I think what I would do is wait till November 2014 to file the TDIU claim and in the meantime start seeing doctors about the possible secondary issues related CFS that the SSDI claim letter mentioned. Depression may also be an issued with Chronic illnesses. I would go be evaluated by a Mental Health specialist. Do all this now, when you submit your claim in November be sure to claim any secondary conditions related to CFS. As others have said, you will need a written statement from a doc stating that you are no longer able to work due to your Service Connected conditions. Your last employer will probably have to state that you were released from employment because of your SC disabilities.

2 cents

Paul