tdiu Appeal For Unemployability

[rdnywiggins]

Good day, my name is Rodney and I'm currently rated at 80% service connected ...60% for PVD,30%for cardiomyopothy,20% for degenerative arthritis,and 10% for and stroke..I have recently been hospitalized for congengestive heart failure,and gout and I have been diagnosed with copd, my claim for unemployability was submitted when I was rated at 50%SC the above rateing minus the the 60%, this was about 2004 and was denied so I appealed....with the additional information mentioned....what is your opinion on me getting IU this time ?

[Berta]

Welcome aboard Rodney- best place in town-

I assume that you filed a formal 21-8940 for TDIU.

In the last decision on appeal- what did the VA said as to why they did not feel you warranted TDIU consideration?

Do you get SSA disability for all of these SC conditions?

If so , tell VA and make sure they get those records-

Or did you tell them on the 8940?

Did you tell VA of the side affects of any meds you take that would render you unemployable- like do not take and drive, cause confision, drowsiness, etc...

Did Voc Rehab ever consider you but turned you down for Voc Rehab due to your SC conditions?

Do they know you have been recently hospitalized?

Has any doctor said the COPD is directly related to your SC conditons?

Do you require convalescent time?

The temp 100% for hospitalization and convalenscence regs should be here if you use the search feature at the top of the forum-

The COPD should be claimed and if SCed then these regs will kick in if they are appropriate to the convalescent regs. and claim the gout too- that would be more than likely a secondary condition to the SC stuff you already have-

Did you get a VCAA letter from VA re: the TDIU app;ication and what did it say you needed to send them?

What is the actual status of the appeal- a long time has passed since you appealed the 2004 rating.

Do you have a service officer or vet rep?

[Pete53]

If you are not working I would say that the chances are good.

[rdnywiggins]

thanks for your swift response...in answer to the question,paraphrases why they turn me down...they said "you are service connected for hypertension with congestive heart failure and renal insussiciency,lumbar degenerative changes, and residual right sided weakness due to cerebral vascular accident with a combined evaluattion of 50%. Although you are treated for these conditions, the evidence dooes not show that you are precluded from all forms of gainful employment due to your service-connected disabilities. Therfore entitlement to individual inemployability is denied" more to follow..... and I was turn down for SSA,voc rehab has determined my not feasible to retrain in writing ....as for the forms you mentioned I did not pat attention to the form number ,but I did file a NOD,and promptly fill out and return all corrospodance sent to me, I am useing FDVA as my rep..and as you may notice ...the PVD was grant late... will BVA request recent medical records?

[john999]

Have you considered have a DRO Hearing instead of going directly to the BVA. The BVA is going to be about a two year wait right off the bat, and then you get a remand back to the RO. If you could get a medical opinion that you are unemployable due to the SC conditions and get that in front of a DRO it might be quicker.

[cloudcroft]

Pete,

Simply not working (being unemployed) may have no relationship to TDIU whatsoever. It has to be clearly because of SC disabilities, not the simple fact that one is unemployed.

Conversely, we all know that even if you ARE working -- and I mean "marginally employed" to be sure -- you still can be found to be TDIU.

So "not working" (or working) alone is not really a 100% real TDIU indicator according to VA regs.

I know you know all this but with your one sentence statement it may mislead people and I just wanted to clarify it for the new guy Rodney.

Regards,

-- John D.

If you are not working I would say that the chances are good.

Edited May 29, 2007 by cloudcroft

[Pete53]

If you are not able to work is one thing I agree. But most Vets I have seen are not able to work at least partially linked to their service connected disability.

So I guess if you were blinded in Military Service you could be trained for employment but you still would be eligible for TDIU until you got a meaningful job.

Any one who qualifies for TDIU would by the disability itself have serious employment problems. Therefore I believe that the Veteran who asked the original question and is 80% probably should get TDIU if unable to work.