Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Thinking About Filing For Tdiu

Rate this question


Penelope

Question

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.

Link to comment
Share on other sites

Recommended Posts

  • 0

I need to request copies of my claim file. I did that in 2009. The only changes at all should be when I applied for an increase in benefit when my son started college and was still considered a dependent and full time student. I am not planning to file for TDIU until the end of this year. Should I request another full copy of my file, or will the old copy do? Should I wait until closer to the end of the year when I am tell them that I am going to submit the claim? Also, do they send electronic files now or are they still all paper files? What is the time frame to get a copy of the file?

I need to do the same with my medical file. My VA doctor that has helped me so much over the years retired in 2013. The new doctor I will only see every six months and have switched most of my care to my family doctor. Should I request a copy of that claim file now or wait until closer to the end of the year.

If these files are not electronic files and I scan them and burn them to cd's will they still be acceptable or will they request these same files over again?

I understand that the Social Security Disability files come in electronic format. Are they acceptable?

Thank you for your help and insight. It is appreciated.

Link to comment
Share on other sites

  • 0

I would see a doctor now for any medical condition that was mentioned in the VA or SSDI decision letters. In 1994, they considered giving you 100% but granted 60%, I would find out why they did not grant 100%.

Use the existing claims file, it took over a year to get a copy of my file. I would request for my medical records from your VA healthcare facility now.

The day after I got my protection I would file the TDIU claim and not wait.

Paul

Link to comment
Share on other sites

  • 0

Paul -- Thank you for your response. I think the reason that they only awarded the 60% was that I was working and I was being accommodated at my job. I will begin working with the claim file that I have and will request updated medical copies. I will wait until my rating is protected before filing this new claim. Thank you again.

Link to comment
Share on other sites

  • 0

Don't WAIT!!!!! Go on your E Benefit site, start an online application for Comp Beeifits NOW! As soon as you start the app, you lock in that filing date. You have up to 1 year from that date to complete the application.

As to if your elegible for TDIU, read the 38 CFR 4 requirements, then reread. If your 60% SC on 1 condition and your income is at or below the US Census Poverty level, (2013-$11,173 age 65+), you should be good to go. You are also elegible for VA Vocational Rehab. I recommend that you also fill out an online app for Voc Rehab. A letter from the Voc Rehab Dept, indicating that due to your service connected disabilites, you are not elegilble for the program, is of great help in getting TDIU. It also sets you up for assistance with quality of life issues. Don't wait for the SSDI determination, if you get it, fine. You can add it to your claim at a later date. Just remember. the VA and SS look at total disability differently. If the VA thinks you could do a sedentary job, you have a problem. The Vocational Rehab determination would put that problem to rest.

Good Luck

Link to comment
Share on other sites

  • 0

Gaston -- Thank you for posting. I never thought about Voc. Rehab. The Social Security has already been approved. Am I correct that they mean earned income and not unearned income like social security, va benefits or retirement income? Thanks for giving me more to think about.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use