tdiu When to Apply for TDIU

[SpinningWheelsInIndy]

In Oct 2014 i was awarded 10% R Ankle 20% L Ankle 10% L Knee 0% R Knee 10% Lower Back Secondary 10% L  Lower Extremity Nerve damage Secondary 10% R Lower Extremity Nerve damage. And denied  SC for TBI, claimed for concussions on AD, Denied  SC  for Cervical Spine for Degenerative Disc Disease, denied SC for Hearing Loss. I filed an appeal to SC the TBI and Cervical Spine and to increase % on R Knee in Oct 2014 did not appeal hearing loss (my first time dealing with VA). i should have but didn't.

Last Month (26 May 2016) I receive a SOC denying Knee increase and TBI SC, but nothing about my Cervical Spine. I Call my VSO who informs me that my Cervical Spine has been service connected to 10% back to 2012, with secondary 40% R Arm nerve damage and 30% L Arm Nerve damage but the nerve damage is retroactive to May 2016 the date of my last C&P exam. I filed form 9 within 2 days of receiving SOC, but am still waiting on something from the VA about Cervical Spine so i can NOD the effective dates for R and L Arm Secondary.

With the Cervical Spine + secondaries being service connected my disability rating increased from 60% to 90%. If i am correct that qualifies me for TDIU? If so do i have to be unemployed to file for TDIU?  And do i have to wait for the VA to notify me in writing of the increase before i file?

Edited June 7, 2016 by SpinningWheelsInIndy

[eagle1012004]

I am TDIU..... and yes you must be unemployed to receive TDIU.

I will defer to smarter members than me for an answer to your second question..

Congratulations on your increase!! All the best to yo and your family.

[SpinningWheelsInIndy]

Right i understand i need to be unemployed to receive TDIU, but do i have to be unemployed at the time i file? as the primary bread winner, if i quit my job we will be homeless in a  few months or so waiting on the VA to make a decision.

Edited June 7, 2016 by SpinningWheelsInIndy

[Chuck75]

There are fairly strict limits about holding/having a job and TDIU.

Obviously if you are able to work, then you are not in reality TDIU. (Although it's possible to meet the VA TDIU requirements.)

[SpinningWheelsInIndy]

Is there an answer to my question in there somewhere?

[Buck52]

you can request IU anytime  but you need not be working and your disabilitys keeps you from working...usually most veterans enroll in VA VOC-REHAB and the couslers can't find you any work that you can do because of your S.C dIsabilitys  then he/she can write you a letter stating hat due to your sc disability this veteran is not feasible to retain.

also Dr statements to your disability that keeps you from working.

you can get a Temporary IU if your disability will improve  if not then they should make it in nature and is chronic and will so no improvment

File for SSDI Also that will help get you IU with VA.

JMO

............Buck

[DDuck]

Also under most circumstances quitting your job to apply for TDIU is not going to be favorable to your claim.

Only time I can forsee is if you have a doctor tell (in writing) you that quitting is in the interest of your health because your SC disabilities are having such an adverse affect.

My advice is do not quit unless you have a doctor advising (in writing) you to do so.