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  1. Hello everyone, I have a quick question concerning TDIU. My last employer terminated me because of my service-connected disability. If approved for TDIU, will the VA back pay me to the date that I signed the TDIU form and submitted my claim, or will they back pay me to the date that I put on the TDIU form that I last worked? My VSO initially told me that I would be paid from the date I last worked. Then on another day he told me that I would be paid from the date I submitted the claim. So I just want to get the correct answer. Thanks for any replies.
  2. I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin
  3. The 5, 10, 20 year rules... 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. Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped. Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced. If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists" At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review. NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected. ------ Example for 2020 using the same disability rating 1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 RESULT: 10% Protected from reduction in 2018 (20 years) 2020 - Service Connection Increased @ 30% RESULT: 30% is Protected from reduction in 2040 (20 years) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- Second example for 2020: Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T. For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
  4. I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear. I am ready to file a claim for TDIU. Currently at 90% combined with 70% of that being PTSD. So, I meet the 70/60/40 rule since one of my ratings is greater than 60%. Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such. Background out of the way now... Is there a "How to file TDIU for Dummies" guide somewhere around here? Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov? I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work. I do not have a vocational letter (is this needed?). I need to put myself out there and go ahead and call me stupid, but where do I start? Thanks, Kevin
  5. I received a VA Rating Decision Letter. I had applied for TDIU. I'm 50% PTSD, 30% cancer residuals, 70% total. I had been sent to several C&P exams. The letter says my PTSD Rating is continued as is, even though I think it should be more. At least they're not reducing it. That won't matter if I get TDIU. The rest of the claims are deferred, including TDIU. It says, "deferred for the following: VA examination." Does that mean their examination of the claims to see if they will grant TDIU? It says, "Entitlement to individual unemployability is deferred." So, I don't have to do anything but more waiting, right? Anybody know how long I'm looking at, and what my chances are? If they deny me, the first thing I'm going to do is call an Attorney.
  6. Good afternoon everyone, I was hoping that someone more knowledgeable may be able to provide input on my claim. Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings. My attorney filed a supplemental claim and included the letter from the psychologist. I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence. My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account. Does anyone have any input, advice, tips? I'm beyond desperate at this point. Pysch IMO C&P Exam Rating Decision Vocational Assessment
  7. Was approved for TDIU ON FEB1, 2021. I am having issues getting any straight answer from the VA as to when i will receive my pay raise and retroactive pay. I spoke with the fiduciary hub today and they told me that the funds were approved for release on Aug 17Th, and now its up to the Appeals Management Center to do whatever it is they do to make the deposit happen. does anyone know how long THAT could take, or did i just get another canned answer? Any advice, encouragement, or the number to the AMC would be greatly appreciated. Everyone i talk to have said that i shouldn’t have waited this long. thanks!
  8. Instead of answering in this thread, please answer this thread in the IMO forum:
  9. Hello all, I was wondering if the VA should automatically review a claim for TDIU once you hit 60% or more? I thought I heard on a Hill & Ponton video that that's the law. I was going through my old 60% VA award paperwork from 2001 and saw where they wrote that I was not qualified for unemployability yet. I had 40% on my lower back, but was only a total of 60% at that time. Therefore, not qualified. However, I looked at my 70% award paperwork from 2002 (my current rating) and didn't see any mention of consideration for unemployability, even though my percentage qualified me for it and still had my lower back rating at 40%. I'm getting ready to file TDIU paperwork and was just wondering about that. Thanks to everyone that replies.
  10. My vocational expert wants to use my yet-to-be created IMO but my IMO doc wants to use my yet-to-be created vocational assessment. What should I do?
  11. After almost 6 years, all I get a rating increase. Thanks for all the input on my prior thoughts. WTF I'm not able to work, only rely on my SSD and 10% rate. Poverty level. What chances of a 50% increase at minimum?
  12. What specifically do I ask of him?
  13. So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular. The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.
  14. So I found out that my TDIU P&T was approved. i have a few questions. 1. Can I get champ VA for my depends (son and parent) 2. Can I work for my aunt if the job is a Sheltered Employment, or does that not apply since it is permanent? 3. Can I get a home and not have to pay taxes in Florida? 4. the back pay date just says N/A, when will it post? This concludes all of my questions, thank you.
  15. Hello, I am currently 70% TDIU (since February of 2016). Apparently the VA changed me to a Permanent status (am eligible for CH. 35, ChampVA, and dental through the VA), I was never sent anything saying Permanent and Total or eligible for Ch 35 etc. I found out last month when I went to get plates for my new vehicle and they contacted the county veteran's office who told them I was permanent (saying nothing but total). I talked to the county veterans office and they had me fill out an app for Champ VA because they saw in the VA's systems that no further exams are required and they wern't sure if it was P&T or just permanent. Ebenefits letter says not permanent and totally disable. Today I received a letter from the VA with my benefits and ratings and where it would say about being Permanent and Totally Disabled it says "Are you considered to be permamentally disabled due to your service connected disabilities: Yes at 70%. So I have established ChampVA/CH 35, dental etc eligibility. But does that mean I am P&T? DO I qualify for ID card, space A travel etc? If not P&T from my understanding the VA doesn't have just a permanent its either P&T or not, and also wouldn't be eligible for ChampVA, dental, or ch 35. Any help is appreciated. Semper FI
  16. So i just finished my C&P for tdiu/increase last week. Everything went well, "can't hold job due to service connected symptoms etc".. Now they're saying "We have requested copies of your disability medical records from Social Security." I just contacted social security and they have no records for me, because I never filed for social security. I'm worried about them denying me because I never filed for social security. Should I be worried? Is this normal?
  17. I am 90% and going for IU and the 2 biggest 70% PTSD and 60% back and legs were within the last 18 months so will they send me back for all the different C&Ps for each condition also tinnitus and hearing too. Thanks
  18. I am very confused by what I am seeing on va.gov. Has anyone seen these kinds of things happen and what were the outcomes? or your best guess? Sequence of events: Mar 2021 - Submitted IU package with Vocational Assessment etc. Mar 2021 - Submitted FDC for Migraines Mar 2021 - VA Accepted claims and combined them. "closed" migraine claim. April-May - C&P exams (None for Migraines) Today - See Migraine Claim opened with yesterdays date for last updated / IU closed with date one day after submitted. No other updates in ratings or letters. Thoughts: (1) Could be the system is just catching up and I still have a shot at IU, but why would they now de-couple the migraine claim. My original thought was they combined the two because the migraine claim would be moot if IU was approved. or.. (2) They have denied the IU and have went back to processing the migraine claim? Also, will VA still process new claims/increases when U have IU? Thanks!!
  19. Hi, Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating? Thanks
  20. I was wondering who approves/denies TDIU claims. Is it VARO, BVA, or director of compensation? The director of compensation approved my disability as extraschedular. Does my disability being rated as extraschedular help my case? I also have 2 c&p examiners that say it affects my ability to work. Thanks for any answers.
  21. I'm took anxious to wait for the decision letter which was mailed today (5.24), so I'm looking for feedback on what I do know. The decision was mailed today, 7 days after the evidence gathering was completed. A D&C exam was scheduled but the decision was made with the exam. My e-benefits page has not changed from my previous 70%. Should the e-benefits site change if awarded TDIU? Any ideas on what this MAY indicate? Thanks,
  22. I was a non-professional successor trustee to my father's trust. I did not pay self employment tax on this money. Here is "According to Rev. Rul. 58-5 Generally, nonprofessional fiduciaries (that is, for example, persons who serve as executor or administrator in isolated instances, and then as personal representative for the estate of a deceased friend or relative) will not be treated as receiving income from a trade or business unless all of the following conditions are met:(a) There is a trade or business among the assets of the estate,(b) The executor actively participates in the operation of this trade or business,(c) The fees of the executor are related to the operation of the trade or business." Would this money be considered sheltered income for TDIU purpose? I am appeallng a TDIU claim for an earlier effective date and 3 of those years were during the time I received trustee fees as a successor trustee. This is from the HillandPonton.com website "Sheltered employment involves holding a job but in a protected work environment. In this case, you’re maintaining a position where the employer makes accommodations for your disability. In other words, while you may not be able to work at another job, you’re able to keep this one due to your accommodations. These accommodations may include diminished quotes, additional time off, extra breaks, the ability to leave work at will, etc. Sheltered employment essentially is a job where you are not working under regular expectations. It may be a job where you are expected to do the most you can and whenever you are able. Generally, with a sheltered employment position, you are held to a different set of standards due to any limitations you may have resulting from your service connected disabilities. The employer may have also developed the job specifically for you to allow you to keep working. For example, you may have permission to go home due to a migraine or are allowed to work individually if you have severe anxiety or other mental health condition. Family businesses are a common example of sheltered work environments, since you’re still employed but likely receive extra accommodations for your specific impairment. " Again, there was no trade or business and I was not an employee nor was I self employed. I did pay taxes on the money. It was categorized as other income. I was able to work at my own pace and quit whenever I needed. I do not think this was Substantial Gainful Employment. Any comments or suggestions as to how to approach this? Happy Trails, Paul
  23. I know it's only a guess, but based on my application, I'm interested to know opinions on my chances of success. Here are the particulars. Very recently I'm 70% SC for mild neurocognitive disease. I have not worked full-time since 2017, but have had 2 part-time jobs. The following items were submitted as part of my application VA Request for Employment Information forms from both part-time employers documenting, cognitive and behavioral issues. Warning letter documenting many behavioral issues from my last full-time employer HR letter document my behavioral issues as the reason for my contract non-renewal VA note from my neurologist documenting the SC disabilities making me unemployable with no expected improvement in my conditions Wil you offer a guess on my chances of getting permanent and total TDIU? Thanks
  24. I put in a intent to file on 19 February 2019, submitted claim for increase for mental health/other specified trauma/stress related disorder in Dec 2019. Was approved and increased from 50% to 70%. I then submitted for TDIU with my mental health disorder and sleep apnea I have a combined rating of 90% with my 10% tinnitis. I ended up having to submit everything on my own as it was march of 2020 and our VSO shut down the VSO offices and I could not make contact with DAV. I recieved a letter that I may get a call for info from a doctor as they would be doing a records review, I "assumed" since I just had a C&P for mental health in February 2020 that they were using it for review as well. In May of 2020 I recieved a denial letter, stateing I did not qualify for a increase from 50 50% for sleep apnea therefore my TDIU was denied. I stewed on it for a bit and kept rereading the letter when I noticed under the evidence considered, my mental health was never reviewed or even acknoledged. I was kinda stuck as VSOs were still not available at my local VA and I never heard a peep from them at all. I called the Veterans Service Orginazation in the next county over and made contact with a VSO there. Due to Covid, all communication was by phone but I sent copys and we discussed the situation and decided to ask for a higher level review. I ended up talking to a DRO in February of 2021 on a informal phone call, she noticed before I even said what I thought and said, they didnt even review your mental health. The call was short, she said she was going to look at it and see if there was anything she could find and make a decision without any further delay. 2 days letter on VA.Gov it says the reviewer found a error and was sent back for a duty to assist, and to correct a error. Got scheduled by LHI for C&P which was yesterday, I feel like it went well for me, but after everything so far just seemed concerned something is still not right. I do have a couple questions 1- will the C&P exam go back to the DRO, or will it be sent back to the original VA level who messed up the first time. 2- anyone else have a issue like this? More than anything I am just frustrated as I did everything I was supposed to do from the start, and they did not complete the claim as was needed and it ended up costing me more time, I am hoping this is it, not sure how long before I hear back with results of my claim but hoping for the best. Please make sure if you get a denial letter, read everything and make sure they did everything proper, because had I not kept reading it I would have never found the error and probaly would of gave up right then. Everyone have a great day.
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