cloudcroft

sbrewer, [if you are NOT arguing marginal employment as part of your TDIU claims case, you can stop reading here] Well, some people here tell vets (still!!) that you can't be working and file for TDIU, or even GET it if you are working. That's 100% incorrect. I did. So when I disagreed, some people here then said that it's so rare, for all practical purposes it really doesn't happen...it's not a viable option...so they continue to tell vets they can't file or get TDIU if they are working. So I gave up correcting them (about a year or more ago) as it got very tiring as well as annoying. And it took a possibility away from OTHER vets who may have been able to apply it to THEIR TDIU claims case since this option seemed to disappear off the radar screen here, because it's "so rare" it wasn't considered a real option by some members here. So they ignored it every time a TDIU question came up and didn't even MENTION it to other vets as even a possibility, regardless of its so-called rarity. Okay. So I've left it alone since. I'm back now just to give some tips now and then here if I think they'll help someone. And since TDIU is a frequent topic here, and I am TDIU, I might know something about it. So I advise YOU to research everything you can re: TDIU, including appeals cases heard at the BVA...look for the key words "TDIU" and "marginal employment" for starters. My case will be one of them. In fact, the issue of me working did not even come up (!!) as anything negative at all, either at the VARO or the BVA. So why do some vets say it can't be done or, the VA won't even consider it? I don't know. I'm not going to go through my whole case here -- it took 4 years of struggle and there's some personal info I don't want here all over the Internet -- but I WILL say that people who tell you you can't file FOR or GET a TDIU decision if you are working are 100% wrong. Rare is it MIGHT be (but I'm not at all sure it IS that rare; I've seen no evidence to prove it is rare), it is possible and the "rules" allows for it. Of course, you DO have to prove it's MARGINAL employment, money-wise and in re: to your personal situation...your level of education, are you able to work in jobs that fit your education level or are your always in jobs WAY BELOW your education level, problems at work because of your disability, etc., all this is necessary, too. I also believe it's how well you present your case. As you have heard here many times, YOU are your best advocate, not someone else. I depended upon myself, not the useless VSO. And although I am a "mental case," I was coherent enough to pursue my own case all the way to and "arguing" it (yes, I know, the BVA is a non-adversarial/non-courtroom environment, but you still have something you're trying to PROVE) before the BVA, in a video session with a BVA member as well as using several VA 21-4138 forms (Statement in Support of Claim) to make additional points or file rebuttals. A vet who IS somewhat incoherent or poor in writing/arguing skills -- "naturally" that way or due to medications -- would have more trouble, probably too much trouble to argue his/her own claim...in that case, he/she NEEDS someone's help. It seems that if you come across as uneducated/brain-dead/ignorant, you are treated that way. If you are not, "they" will have more trouble jerking you around. So do the research (I did) and become conversant re: TDIU. Maybe even some CVA (Court of Veterans Appeals) cases would concern this (I looked mostly at the BVA cases since that's where I was headed...if I had failed at the BVA level, I would have searched CVA cases...but this might be a good idea anyway, to have them ready, before you get to the BVA...if you have trouble with the them then you could cite relevant CVA cases). Whatever you do, you need to do the research. I'm just saying that if you met the scheduler requirements for TDIU, are having social/performance trouble at your job/showing up for work due to your SC disability, and are in a marginal employment job, you SURE CAN file for and GET TDIU -- you do not have to quit first. It's not a slam-dunk, but the law/rules allows for it if you can prove your case...but this is true of any case, not just TDIU, isn't it. If a "mental-case" like me can do it, I would think others can, too. Good luck, -- John D. P.S. TWO more things: 1. If vets here do not AT LEAST search earlier HadIt posts for info on their own claims issues -- especially if he/she is too lazy to do it -- it's THEIR fault (and no sympathy from me) for not knowing this stuff, so be sure to do it. If the older "archive" posts haven't been lost, there is lots of info in them that can help. People post stuff here to HELP others...don't disrespect their efforts by not researching older posts to see what anyone wrote about your particular issue...who wants to post the same answers over and over again? I know I don't. 2. If you are rated at 50% or less, the VA does not even CONSIDER TDIU. So, when you apply for it and get denied, it may very well be that YOUR CASE, the REST of it, is still "good" if you will -- or has promise -- but since you are not meeting the scheduler requirements, it is denied. What I am saying is that often, it's not that your disability/situation or whatever has no merit, it's just that the VA sees you're only at 50% and denies TDIU right up front. They DO NOT make this CLEAR, so many vets probably think the rest of their case has no merit. Don't believe that; the VA may only be telling you you don't qualify on the scheduler part, consequently, if you don't, the VA DOESN'T EVEN HAVE TO LOOK AT what else you have. So, if you can prove the rest of what's needed, get a higher disability rating then APPLY for TDIU again...THEN the VA must look a the rest of your case. -- JD

sbrewer, No, no time limit. In fact, you can even still be employed and file. I was. -- John D.

GloverEggs, I live in El Paso,TX, so I use the VA Clinic that you mention...except I go there only when I have to. Not that it a terrible place, it's just that I don't like going to the doctor often! When I have to go to the VA, I get edgy and a bit on the irritated/annoyed side with people there. Consequently, for this reason or that, I sometimes see my Primary Care doctor once a year instead every few months. Sometimes, HE is gone for 2 weeks at a time because of his recurring back problems...this happens often (about 6 times now in the last few years), and I find out about it when I go in for my appointment and am only THEN told by desk staff that he's not in! As for the VA benefits office there, I have to admit that is IS valuable to have them here so I can hand-carry any documents in to them and get it date-stamped, so I can PROVE that they got the docs. When I started my claim back in 2001, a VA Benefits rep there was pretty negative about me winning. I admit it didn't look good but I really didn't need to hear the negativity. I've seen that here before from other staff elsewhere in the clinic. Going to the "Executive Suite" on the upper floor and speaking with his secretary has taken care of that problem on several occasions. I have had poor results using the Patient Advocate...who is next to useless here, but maybe she is just powerless to do much, who knows. And my so-called VSO -- The Texas Veterans Commission rep at the VA Clinic office -- was 100% useless. The Waco, TX, TVC rep was a bit better...only 99% useless. So I went it alone..."all the way to the BVA" (sounds like a slogan, doesn't it). And you're right about "exams"...I am a "mental case" and it's amazing how a shrink can evaluate you in 20 minutes; I didn't think I was that obvious!! B) But that's all over for me now since I won my claim back in March of 2005...after 4 years of struggle -- to the exact month -- and waiting. And a nice retro-check for those 4 years. If you ever come to El Paso, let me know...we can go have coffee! Good luck to you in your efforts, -- John D. 70% TDIU/P&T Army - RVN - 1969-70 USCG - Galveston,TX - 1976-78