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I have attached my vocational assessment. I have attached my latest denial so you can see what is going on. Should I send this to the VA as a supplemental claim with new evidence to request an earlier effective date for my TDIU or just go straight to the BVA. Thanks 3-VA vocational assessment Redacted.pdf 2020-10-28 VA Decision Redacted for Hadit.pdf

Can anyone speak generally, or from experience, on how TDIU claims are affected when the applicant resigned from their last job? I am 70% SC for PTSD. While I am currently working now, my condition makes it impossible, and management understandably wants to fire me for cause. They cannot do it before the strong union "protecting" me drags things out for months on end. I don't want to go through any of that. If I just resign and leave the job am I sabotaging the TDIU claim I intend to file? Any insight or advice is appreciated.

Hello all, I'm hoping to get some advice from members in this forum that may have been in my shoes, or knows someone who has been. I have been retired 22 years now after 20 years of service. I currently have a VA rating of 70% for back issues and headaches. The 70% rating breaks down to 40% for lower back, 20% for upper, and 10% for headaches. It's been nearly 20 years since I've been back to the VA for a rating increase. My lower back is worse now, and about 6 years ago I ruptured a disk. I also lost my job this past October because my back issues limit my mobility so much. I plan on going back to the VA around October of this year to try for an increase. I'm waiting until October because that will be the 20 year mark of my VA rating. I have definite trust issues and I don't trust the VA, which is why I've waited so long. I wanted to make sure they couldn't take the rating I have away. I've had ongoing mental issues for quite a while now. Upon doing some research, it seems I have many symptoms of PTSD. My wife and daughter are encouraging me to start seeing a psychologist. I have no problem with that, but one of my questions is: would be a good idea to ask the psychologists office upfront if they would provide a NEXUS letter if they feel I do have PTSD related to my military service? My daughter advises me not to do that and to take the chance that they will supply one. Maybe I'm wrong, but I feel it's better to see a psychologist that I know will supply a letter. I feel a NEXUS letter carries a lot of weight, and it's frustrating when specialists tell you that your condition is likely caused by your military service, but they won't supply a letter to back it up. Another question concerns TDIU. I've been working in the maintenance field my entire life. As stated earlier, I was let go from my job because I could no longer effectively perform the duties due to my very limited mobility. Of course my employer gave me a letter that I was let go because they were "cutting back." I know they were protecting themselves because I was one of the more senior and experienced techs there. In any case, my second question is: should I file for TDIU as well as PTSD at the same time, as well as any secondary issues that I feel may be related? Or should I just file for one or the other? All replies and advice is greatly appreciated. Thanks to all who took the time to read this.

Hi. I'm new to the VA process and was awarded 70% for psych issues last September (initial claim made 2010). I filed for TDIU, but VA rules for unemployability are a little different than SS's. I'm wondering if my case is strong or not, and if so what is the typical time it takes for a decision. My anxiety levels are extremely high right now because of this. Here is my short case history. 1995: Treated for psych issues in the military 2005: Long term disability from my employer for psych issues, finally terminated in 2007 2007: Awarded SSDI for those psych issues (have not been employed since then) 2010: filed with VA 2020: Awarded 70% for same psych issues as all of the above Nov 10, 2020: filed for TDIU Currently: "We don't know your status" on ebenefits (which I'm told happens sometimes) Can anyone please tell me if this is a good case (without any guarantees of course. I'm new to all of this but I've learned that every va case works a little differently)? And if so, what is a typical timeline for TDIU from filing to decision. Thank you very much and have a good day.

As posted in these forums: Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary. I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in 2018 for the same reason as the VA SC rating, on the first try with no appeal. Does SS determination create an automatic presumption against lowering of rating, or greatly argue for not "improved on a sustained basis?" I have put off applying for TDIU for a while but believe I should now. I have an application with the county rep prepared and ready to go. I am 65, have not worked since May 2016. The SS determination is included as part of the TDIU application.

A fella claiming to be knowledgeable said I will lose my TDIU which is P&T at age 67 because that's retirement age. I think he's full of BS. Has anyone heard this before?

This is so exhausting, Granted 10 % in 10/2014 for Back injury lumbar strain I have not worked regularly since 7/2013 I have filed appeal for through ATTORNEY for ( increase rating with secondary issues and documented records left right hip pain neck pain sciatica left side chronic low back pain with muscle spasm and depression , TDIU many more ... I been on SSD since 11/ 2014 Just had my VA court hearing in May 2020 via ZOOM. I have 1000s pages of med report, Professional Expert Doctor Reviews What else can I do? advice welcome My chances of 100%rate increase or TDIU

my saga 90% TDIU 8 years 7 back surgeries, 20% degenerative disc, 10% Radiculopathy, 70% stress disorder, 30% bladder During one of my later surgeries on my spine the operation went completely sideways. They were installing a spinal stimulator and it didn’t go well. When I woke up I was paralyzed from the neck down and bleeding internally at the surgical site. I had to be rushed back and reopened to rectify the screw up. After I woke up the second time, I regained most of my movement back except for the use of my bladder. I’ve never urinated naturally since that day and man do I really, really miss it. I have to use a two foot piece of tubing in order to extract the urine. Which you could imagine builds up some animosity over the years. Coupled with a bad case ED from this procedure now we’re really having fun. I did get the bladder connected rate away and left it at that. My tendency to ignore things I don’t know how to process really hampers my existence. So my only interactions with the VA was just calling every three months to renew my gear and meds. Fast forward to 14 months ago I woke up one morning screaming because it felt like my balls had gone 12 rounds with Mike Tyson. It’s been 14 god awful months and it still hasn’t subdued. It hurts so bad I vomit regularly due to the pain. My blood pressure was sent out of control.The headaches are also unreal. I even had some old hernias repaired on my gut to see if just maybe that would help, it didn’t. It was suggested it was a nerve spinal issue. So 5 days ago, I go get an mri done on the surgical site. My doctor calls me and tells me to come in and didn’t elaborate on the test. I did so and he then informs me I had a stoke in my spine, from the surgery, Also that the bladder hypertension, headaches and testicular pain were connected to this issue. As far as the VA said they pretty much told me it was a medical mystery all these years and it might come back. They never said anything about a stroke and just thought it was the pressure on my spine when I was filling up with blood during the surgery. All the built up and suppressed rage from over the years came flooding out. I broke down, but am ok now. But, I’m worried that I my die from this sooner or later heart attack or another stroke it won’t be service connected and my wife and kids are SOL. I have no idea where to start. How do I S.C this VA surgical debacle? It was 6 years ago. They were installing it due to an S.C issue. I have chronic pain upper and lower back. I’m pretty much a professional with ignoring the pain what I can’t control (high bp during episodes, monster headaches, risk of stroke) is what scares me. Any direction on what type of claims this would start as is greatly appreciated. Thank you for reading

If I file for tdiu while I have an appeal at BVA. It's still a legacy. I don't want to screw up my appeal so I have been waiting on it. So my question I guess is should I file my tdiu or wait till my appeal is settled

I got a pretty good deposit in my account the day after the election. It didn't sit well with me. I figured they just screwed me again and the fight would have to continue. When I got the envelope the next week I read the decision and knew I was correct. I try not to let this stuff piss me off but it still does. Sometimes really bad. I have attached a copy of the rating decision. I have also attached a copy of a letter that I wrote to my congressman where I point out errors that I see. I have looked at the ebenefits letters. The commissary letter states " compensation at the 100 percent rate due to service-connected disability(ies). This total disability is considered permanent. You are not scheduled for future examinations." The benefit verification letter shows the payment at the 100 percent rate, but shows my disability at 90 percent. The tax office said to bring the letter that shows I am 100 percent to get home tax relief. I am not sure of what letter they want. 2020-10-28 VA Decision Redacted for Hadit.pdf 2020-11-16 VA Letter to Congressman Redacted for hadit.pdf

I received 70% SC decision after an appeal with IMO in Feb 2011, Portland Oregon. The case has not been reviewed since then. I passed the ten year mark in Feb 2021 making the SC determination permanent though the rating percentage could still be changed. Reason was aggravation of high functioning autism (there was psyche “counseling” and a potentially dangerous med prescribed on active duty on a remote desert air base when I was 18-19 yo). Was awarded SSD in July 2018 on first try with no appeal needed, reasons were high functioning autism (same as VA SC award reason) and “poor impulse control”, both conditions rated “Severe” by SS. I filed an intent to file for TDIU in Feb 2019, then rolled it over to another intent to file in Feb 2020. I contacted vet rep in October to file the TDIU. I asked him to mail me the docs for review to make sure they were accurate. Never arrived, I called and he said they were delivered by trackable mail on Nov 3, they weren’t (should have asked for the tracking number, I believe there isn’t one). I called the county vet rep supervisor. They reviewed the case and found that I had applied for TDIU after the 70% award which I did not remember doing and that I withdrew that request in July 2011. (I worked for the next six years averaging $60,000/year, high year was $107,000, have not worked for four years). That makes my current claim request an “appeal” even though no VA determination was made because I withdrew the TDIU request at that time, according to the supervisor. That means the intent to file in Feb. is not the date for an award increase therefore wiping out 9 months possible back pay. Supervisor instructed my rep to get on phone with me and I got him to email me the filing documents. I then saw that VA wants a list of all jobs applied for or training received since the date claimed as onset of 100% disability for TDIU. The date placed on the form was 5-1-2016, same as SS disability date. From May to Oct. 2020 I was in the VA voc rehab program where they were paying me to apply for 20 jobs a month, and I also took two VA-paid classes in 2017-2018 (easily discoverable since they were under VA auspices) . All of which would have to be included on the form since the TDIU date is listed being prior to the job apps and the training (or attachments of the scanned pages which I sent to voc rehab). Rep wanted me to send it through as is. Wording at bottom of form says I am certifying all to be true under penalty of prosecution for fraud to get government benefits. So I cannot agree to the application as is. This was the reason I wanted to check the docs to begin with, to make sure there were no such problems. Rep knew I was working with voc rehab though didn’t know the details. Part of the TDIU application is a letter from state voc rehab dated this year saying they have no more help available to offer (it was meaningless to begin with; at my last meeting with them the two employees couldn’t wait until I got out of earshot to start mocking me, I am sick of going anywhere or to anyone for help at this point). I took my case to a psychiatrist retired from 20 years running the local VA regional office last year. After a $230 session (discounted non insurance price) he said he couldn’t make a determination on my chances of retaining the 70% rating (my concern on filing for TDIU) and wanted to charge me to review my hundreds of pages of docs for further analysis. Not going to do that. Point is, I have gotten all the help or advice possible. One useful comment was that it was “highly unusual” for my case to have gone unreviewed for 10 years. Likely indication my condition has been determined permanent and not likely to improve. He also said his office only did the comp exams, the ratings determinations were done elsewhere and were a mystery to him. I believe waiting till past the 10 year point was the right decision for filing for TDIU for peace of mind purposes since I would at least retain the SC determination even if the rating is still vulnerable. My concern is the risk of a rating reduction. Questions: - Can we just list the date of TDIU as the current date, which will then be after the job applications and training, therefore no need to list them? Is there any benefit / requirement to listing TDIU date as same as SS disability date? Don’t know why vet rep did that. If this has to be an appeal with no back pay, there is no benefit to listing anything other than current date that I can see. Goes without saying I do not trust the vet rep at this point. (Only other option would be DAV, they will not let me past the receptionist unless I agree to change power of attorney and start over, not going to do that either.) - do the job applications and training work for or against me for TDIU? That is, does looking for work show you are still trying to work and not “retired” or does it show you think you can work therefore should not get TDIU? I will be 65 in December, I was told by a different county rep that that age point helps in getting TDIU. Is the vet’s mind set a factor? At some point it seems to me it doesn’t matter, if you can’t work because you can’t find work or whether you have trouble functioning on jobs, whether you “think” you can work or not it would add up to the same thing. - is the view that my current application would have to be an appeal accurate due to the prior TDIU application withdraw? - vet rep asked if I had lost any time on job due to disability. Answer no. Is this a major factor? Thanks for any help.

Got my HLR call Saturday. Yes, Saturday. Hard to believe that someone in the VA is working on Saturday. Good thing the phone displayed VA or I wouldn't have bothered to answer it. I submitted my HLR back on 2 June 2020. Her call was on 24 October 2020. 144 days. The VA will definitely not make their goal of 125 days to the decision on this one. I am not sure what she had looked at in my case, if anything. She wanted to know what I was disagreeing with. I explained to her about the CUE I had filed, all the trouble I had getting VA to accept it. I explained to her how the VA had requested C&P exams when all I was trying to do was get the VA to look into a CUE. I explained to her how since the VA had done C&P exams the rater had put in the effort to communicate with the examiner twice to reduce a rating from 40% to 20%, yet the examiner couldn't find my SSA grant. I explained to her about the SSA records in my C-file, how I had about 20 pages of someone else's records in the middle of my records. I told her maybe this is part of why someone didn't approve it sooner. I told her it looked to me like someone dropped the paper files and didn't have enough sense to separate the two files. I told her about the latest denial where the rater looked into the SSA records and found a denial but didn't look up the grant of benefits that is in the SSA records. I explained to her that I hadn't worked since June 2000. I told her about the VR&E denial based on my doctors statements. I told her how the raters kept denying me stating other evidence in my records showed I wasn't unemployable. I explained to her how the raters kept saying I quit my job, but M21-1 says that doesn't have any affect on the decision. She seemed very sympathetic. She said she would take care of me. Well, it will be very interesting to see if she does. I had a prior call from a lady at the Roanoke VA, she thought I was going to get approved. In just a few weeks I got the denial. I had written to my congressman about all this crap. I got a reply back from the congressman's office but it was the same BS from the VA. I sent back to the congressman's office quite a few pages of all the documentation showing the VA crap. I think this was sent by the congressman to the VA Secretary Wilkie. I have no idea if this is at all related to the call or not.

I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia. I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities. Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?

If I were to get a job where I was considered a Virtual Employee(with a big company) and Worked from my home. Is that considered a "sheltered environment"? Meaning would I get in trouble for working from home and make more than the poverty threshold? Thank you Scott

I accept asknod’s points: 1. Only the Secretary can award ER. 2. There’s no way to appeal a *denied* ER petition. 3. There’s no way to file an NOD for a denied ER petition. 4. There’s no way to file a Writ at the Court. 5. ER is a one-shot deal that’s not appealable. Nevertheless, I have a question: When VA provides its rationale for denying a petition for ER, and a review of the record unequivocally demonstrates VA misstated the record, is there a way other than NOD, CUE, Writ, or, Appeal, to urge VA to revisit its denial? To put this question another way: When VA cites the record to support its rationale for denying a petition for ER, and a review of the record unequivocally demonstrates VA *misstated* the record, can a petitioner invoke the Administrative Procedure Act, to prod VA to revisit its denial? “Administrative law” may sound like a boring subject, but it isn’t. It’s both fascinating and, in the 73-year history of the Administrative Procedure Act, more important than ever for providing the legal structure in which encounters between citizens and their government take place. The Administrative Procedure Act doesn’t tell the government what to do. It simply requires that actions of federal agencies be supported by reasoned decision-making. When challenged, agencies have to provide explanations that are plausible and consistent rather than “arbitrary and capricious.” https://www.nytimes.com/2019/11/21/opinion/sunday/Supreme-Court-DACA-Trump-taxes.html

I need some guidance or suggestions from the experts. I am currently at 100% schedular (temporary, not P&T). My higher Service connections are: Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis) = 60% Migraine including migraine variants - also claimed as decreased concentration = 50% Residuals of traumatic brain injury (TBI) = 40% Insomnia disorder - also claimed as sleep disorder and insomnia 10% and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as injuries to every joint. I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings. Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December! On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020. The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria. So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages. Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities. Lastly, those forms are the worst part for me. I DO NOT want to have to fill those out, especially the one you have to bring to your former employer. My company was located off-base, so they never even observed my daily performance. The military supervisors who were over me have since moved on as it's been over a year. Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance! The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment." I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list. What is your take on all this? Do you know if there's a way that I can have them close or remove the IU portion and the required forms? Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. Any help would be much appreciated.

I am rated at 70%, 10% for each knee, 20% for right shoulder and 50% for Depression and alcohol abuse due to chronic pain. I also receive social security disability. Does anyone think I should try and get TDIU. VSO stated that I may get denied and even have my rating lower.

Asking if a TDIU filing can be rescinded by the vet before a ruling. No editorial comments please, just asking for a yes or no from someone who knows for sure.

i just got 100% disability and i am trying to find out where to get a card or is there a card that will show i am 100% disabled. do i need this to use the commissary?

Hello all. First I would like to say the information here has been very helpful with me being able to understand the VA claim process. I've been a reader of this forum for a while have have learned a lot from reading all of the helpful information here. Thanks to all of you who help and guide us veterans. I was awarded 70% ptsd back in February to give me a total rating of 80% with other injuries I have. Had a ptsd c&p exam beginning of February and was awarded couple weeks later. In April I submitted a claim for tdiu and was sent to another ptsd c&p exam by a different doctor in May. I received the envelope last Saturday which stated the ptsd has been continued at 70% and the unemployability has been deferred: medical opinion. Today I recieved a call from LHI (contractor va used to schedule my previous exams) and was told I have another ptsd c&p exam beginning of September. The exam will be with the doctor who did the first c&p exam back in February. Called VA and asked why I have to do another c&p when I just did two within last 6 months. VA stated the one done in February didn't list all correct information and to continue tdiu claim I must go again even though I went to one in May for the tdiu. Can anyone explain this? Sorry my question is so long.

I have had 80% total and permenant TDIU for nine years. I see recommendations to continue until 100%. I really do not want to deal with it unless there is a benefit for my wife. Regrettably, It is really stressful to deal with it. Thank you

I know that SSDI for SC disabilities means near automatic approval of TDIU but not the other way around. Does that mean that I should try to get SSDI first? If so, do you know of any good SSDI resources and forums? Thanks.

Not sure if this is a dumb question or not. I was rated for TDIU in July 2020, effective 2014. I have an appeal on another claim from 2015. Does going to an exam to get rated for your claim even matter? I’m asking because I have an exam with VES this Wednesday. I’m currently rated at 80% combined. If VES exam results in positive outcome, should receive 70% for depression and anxiety as recommended by IMO doctor report and his DBQ. I’m just wondering if you would still receive backpay if you’re already rated at TDIU level. My brain says no because I’m being paid at highest level already. Guess wishful thinking part of my brain hopes for additional backpay.

I have the 21-8940 filled out (Vet application for increased compensation based on unemployability). The VA letter I received says to include the 21-4192 with it, IF POSSIBLE, completed by the employers identified on the 21-8940. Why does it say "if possible"? Do they want it or not? I'm not sure I can even get my former employers (3 of them between 2012 and 2017) to fill one out or even exactly where to send it to them to fill out. Can I just send 3 forms to the VA with the name and contact info of each of those three employers? Do they HAVE to have the 21-4192? Confused here. Anyone? Thanks.

First off, hello and thank you in advance for any help that can be provided. Also, I apologize if something is not clear, trying my best to keep things concise. On Friday, May 15, I received letter from the VA, dated May 11, proposing a rating reduction from 100% to 70% for PTSD. The only evidence for the change listed is Rating Decision - Narrative(17SEP18) and DBQ PSYCH PTSD Review(06MAY20), whereas on my initial decision letter there was an abundance of evidence used. The major takeaway appears that my medical records(both prior to and after the initial rating, also from VA facilities) were not considered in this proposal. Is this normal? I have yet to obtain the most recent C&P as I just received the proposal letter, but intend to attempt on Monday, May 18. Looking at the proposal letter though it seems that examiner didn't check a few specific boxes that were checked on my previous C&P. Other than that the differences appear to be minor. The two lists are as follows: Original C&P Gross impairment in communication Suspiciousness Depressed mood Suicidal ideation Near-continuous depression affecting the ability to function independently, appropriately, and effectively Disturbances of motivation and mood Chronic sleep impairment Near-continuous panic affecting the ability to function independently, appropriately, and effectively Difficulty in understanding complex commands Total occupational and social impairment Panic attacks (weekly) Difficulty in adapting to stressful circumstances Neglect of personal appearance and hygiene Difficulty in adapting to work Inability to establish and maintain effective relationships Flattened effect Panic attacks (less than weekly) Intermittent inability to perform maintenance of minimal personal hygiene Difficulty in adapting to a worklike setting Anxiety Difficulty in establishing and maintaining effective work and social relationships Intermittent inability to perform activities of daily living Gross impairment in thought processes New C&P Forgetting names Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgement, thinking, and mood Depressed mood Suicidal Ideation Near-continuous depression affecting the ability to function independently, appropriately, and effectively Disturbances of motivation and mood Mild memory loss Forgetting recent events Chronic sleep impairment Near-continuous panic affecting the ability to function independently, appropriately, and effectively Difficulty in understanding complex commands Panic attacks more than once a week Difficulty in adapting to stressful circumstances Neglect of personal appearance and hygiene Difficulty in adapting to work Inability to establish and maintain effective relationships Impairment of short- and long-term memory Flattened effect Difficulty in adapting to a worklike setting Anxiety Difficulty in establishing and maintaining effective work and social relationships Forgetting directions I bolded the important items not that were not checked on the new c&p which led to the reduction proposal. It seems strange to me that new symptoms were added, however the very specific ones that would've caused the rating to remain the same all disappeared in just 1.5 years even though there is no noted improvement in my actual medical records. What exactly is my next step? I have written a few statements of disagreement contesting the proposed reduction and pulled my VA medical records and will be getting a copy of the new C&P shortly. I have no idea were send the items as it is unclear in the packet. It says I have 30 days for one option and 60 days for the other. I don't think I need a notice of disagreement or start the appeal process as the final decision hasn't been made(this is a poorly worded question)? Can I also request that they consider TDIU if the rating reduction is finalized or will I have to start a new claim for that? Should i send TDIU forms with my statements of disagreement and records? I have been avoiding poking the bear and not filing claims for other conditions, some of which are caused by the various medications they have me taking, should I start filing claims for those as well? And finally, if I do have to file for TDIU separately, should I start the claim now so that the date is saved? Do I submit the claim before or after I receive the final decision on the proposal? Sorry for the long post. I'm lost as to what to do next. It took me over 5 years of being denied before they would actually service connect anything and now this. Thanks again for any help, it is appreciated.