StreetWalker

I retired from the USPS at 51 just over a year ago. I filed for SSDI and OPM disability retirement. I was awarded SSDI in less than three weeks. It took almost seven months from application to first check due to the 5 month waiting period. OPM DR took about 10 months for approval and first payment. I also applied for TDIU at the same time. TDIU was denied in January and I have reopened the claim with new evidence. In a way I'm glad I was turned down for TDIU because we discovered that I had a fairly advanced prostate cancer. With my current 70% rating from the VA, my SSDI and OPM DR I'm bringing home more money than I was while working myself into the wreck I am today.

SSDI is not income based....unless you're working. SSI is income based. If you can prove you became disabled during the eligibility period then you should fight the denial.

Would this not be a request for extra-schedular TDIU since the OP doesn't have a single disability rated at 40% among his 70%?

You stand a better chance of finding a Unicorn than you do getting extra schedular TDIU. That's the fact. I've been told you can count on one hand the number of them awarded each year and have fingers left over.

    There are NO fractional disability rating from Social Security. Either you are disabled or you're not. Also SSDI awards are not a sure thing when it comes to VA claims. I know many Vets receiving SSDI that can't get TDIU. Remember that age, work history and education are factors in a SSDI award. The VA considers ONLY service connected disabilities. I'm one of them. My SSDI was awarded in less than three weeks. Based solely on my service connected conditions and my VA medical record. There were no exams from SS. VA denied TDIU and even referenced my SSDI award in the denial.

It's entirely possible they will pull your IU, require repayment and then you're facing a huge uphill battle to get IU again. You had two choices. Notify the VA you were working or quit working and then notify the VA. From where I stand it appears you got greedy. Working and IU. What a deal. Poverty level is just a number. What matters is the ABILITY to work. You've shown that you are able to work. Good luck.

My VocRehab counselor sent me a letter that states: Vocational Rehabilitation is denied solely due to the severity of your service connected conditions. That letter was submitted with my request for reconsideration. I plan on moving next spring and will do the ILP track once I get moved.

I was denied Vocational Rehab due to the severity of my service connected disabilities. The wording was that I was denied based solely on the severity of my service connected disabilities. Now my question is will this help with my TDIU reconsideration? Actually help, not just perhaps.

If only this were true. I'm starting to feel like this is a urban myth. I met another Vet this weekend that had his SSDI award mentioned in his TDIU denial. Like me his SSDI award was based solely on service connected disabilities. The wording of his denial was almost identical to mine.

I asked for a reconsideration. I also had a denial of Voc Rehab that I filed along with the reconsideration. I'm hoping that since Voc Rehab found that the severity of my service connected disabilities prevented me from participation in Voc Rehab that it will help my TDIU claim. Really bummed out the Voc Rehab counselor as I pretty much aced the tests, Scored in the 98% percentile.

My SSDI was awarded solely on my SC conditions. The only medical records used were my VA medical records. My TDIU was denied and my SSDI award was mentioned in the denial. Basically it said that since I was scheduled for a reevaluation by SS that my disability was not considered permanent. SS has my medical status as MINE. Medical Improvement Not Expected, My diary date is July 2020, that is the date they put for a reevaluation. That's one month before I turn 60 at which point SS no longer requires a reevaluation. My problem is my lower back. It's not going to get better. It's at the stage where the only thing we are doing is managing the pain. All SSDI awards are scheduled for reevaluation. By the logic of the person who denied my TDIU no Veteran who is receiving SSDI would be able to receive TDIU.

Here in Portland they are working the NODs from April/May of 2010. I'm not holding out a lot of hope on this one.

broncovet, I meant DRO review. I filed new evidence and why the decision was incorrect.

I requested a NOD review. The NOD was filed within 60 days of the decision.

I filed a NOD on my denial of TDIU. I also filed two new additional pieces of evidence. One is a denial from VRE saying that my medical condition precludes participation in VocRehab. The other is a page from my medical record where my doctor states that due to medication and my service connected conditions I'm unable to work. I received a letter from the RO today telling me that they have received my NOD. How long does this process normally take? I'm in the Portland RO. Thanks.

On 4-1-2013 I was turned down for VRE. Seems my medical condition precludes my ability to hold a job. Hoping that this denial of VRE will help with my NOD.

I've got fairly bad radiculopathy in my lower left leg due to lumbar issues. It's to the point where I can't balance on my left foot. Would that be considered loss of use?

My back is already service connected. The DBQ form is actually pretty easy to use. Doesn't make a difference really what kind of doctor fills it out. It's a very guided and specific exam.

I turn it all over to my VSO and he submits it. I would have waited till I had everything together but I was coming up on 60 days.

What are your disabilities? List them along with the percentage.

Filed my NOD today over the denial of my IU. Had a IME Tuesday, should have the DBQ in my hands next week. Will run that down to the RO as soon as I get it. VA doctor is going to do an additional DBQ April 15th. Wish me luck.

Quick question Berta, I can't balance on my left leg at all. Had a IME the other day and that was one of the things she had me attempt to do. Is this stated in any VA manual?

Awesome info right there. I was recently diagnosed with OSA. I'm service connected for depression, GERD and back problems. I take Oxycodone several times per day. I've gained weight due to inactivity from the back problems and my medications. I guess I'm going to have to my doctor about connecting the dots so I can file for the OSA.

Here's what the examiner had to say on the C&P. If that's not what you're looking for I will try and find it. I am going to a private doctor this afternoon and having a DBQ for my back filled out.

Ok, sitting here in my recliner (not able to do much else) while my wife is doing yard work. Working on refining my NOD. I decided not to go down the CUE path. I found something in CFR 404.1590 that piqued my interest. Now my question is this. Is substantial gainful activity equivalent substantial gainful employment? It would seem to be based purely on semantics that the SSDI standard is actually higher than the VA standard as activity is more inclusive than just employment.