tdiu Just When You Think You Have Seen It All

[JayBrown1]

After receiving a letter from the Board of Veterans Appeal denying an increase for my back on Monday, I received a letter today stating because of my statements I should have claimed TDIU "As this claim has not been ajudicated by the RO, the Board refers this issue to the RO for development and adjudication." it states. This too was mailed to my old address and then re-mail to me after it was returned to sender just like the appeal decision.

I won't be holding my breath on this one!

[jbasser]

The address problems are a clerical error as someone has not corrected the address in the system.

Any Vet that is SC and meets the criteria for IU should file for IU.

Now a good way to do that is to complete the form for IU when asking for an increase and wording the claim like this:

I am filing for an increase for service connection for (your disability) to include TDIU.

[rway]

jbasser,

when a person has 3 disabilities that would make them unemployable; in my situation, Meniere's (alone this makes me unempolyable)also my depression\ptsd and migraines, should I list all 3 disabilities? How should I word it. Should it be written with a and/or? Or doesn't it matter? I worried that if all three are listed and I do get TDIU, that later, if 1 is decreased they will reconcider the TDIU all over again.

Thanks for any info. I haven't worked for 2 years because of any and all of them. The increases that I went for are Meneire's 100%, Major Depression & PTSD 70%, and Migraines %50. Of course not sure on what type of increase I will receive, if any. I do have a good case though. I also have asked for increases in knees and back, but not so strong of cases there. Thanks again.

RWAY

[Berta]

I assume you already have a rating as SC for each of these.

I would certainly ask for higher rating for any and all of them as well as send them the TDIU form yourself-

and tell them how your current medical evidence supports a higher rating criteria for them.

It is always a good idea to go to the Schedule of Ratings to see how to present your evidence in the best light to satisfy the higher rating regs.

Add any other disabilities you have too that are potentially service connectable.

I would not worry about reviews or decreases as only if the VA has bonafide proof of definite improvement (by medical evidence) could they attempt to lower your comp.

Attach a separate page and tell them under Remarks you have added an additional page on put on it any SC meds you take as to their side affects that counld render one unable to work- liie do not take and drive, causes confusion, causes drowsiness etc.

Have you applied for SSA yet?

That is what # 18 means in most cases.

Here is the TDIU form-

TDIU_form.pdf

[Berta]

PS- this decision from the BVA makes a good point-

I dont know if they are rating your Migraines as separate from the Menieres or not-

This vet had vertigo,tinnitus and hearing loss with Meniere:

"First, in

implementing the Board's determination, the RO must assign

an evaluation under Diagnostic Code 6205, which contemplates

these manifestations. Secondly, a note following Diagnostic

Code 6205 states that Meniere's syndrome is evaluated either

under the criteria set forth in Diagnostic Code 6205, or, if

it would be more favorable to the veteran, separately under

the appropriate diagnostic codes. Thus, consideration as to

whether separate grants of service connection for these

manifestations of Meniere's syndrome is unnecessary.

ORDER

Service connection for Meniere's syndrome is granted."

from:http://www.va.gov/vetapp06/files5/0631741.txt

However it appears they granted only on the Menieres and not the other stuff-

It pays to check your DCs on your rating sheet.

[rway]

My SC include Meniere's, Migraines, Back, Knees, and Tinnitus. I asked for an increase on all but the Tinnitus, since 10 is the highest that can be given. I also added Secondary Major Depression w/anxiety and PTSD, which are not currently SC. The VA Psych seems to think I have a case which he linked the PTSD to my service time and the Major Depression to my current SC disabilities and lowered my GAF from 55 to 45.

My Meniere's (I have vertigo, hearing loss, and tinnitus)is rated seperately from my Migraines. I also have tinnitus rated seperately, because its reoccurring.

I am dumbfounded that my DAV Rep. did not tell me about TDIU. He did however tell me about education classes. But with my disabilities and my spouse in need of constant care, not to mention my 2 year old, there is no way that I am able to further my education at this time. I can not take care of my family or my home the way that I should.

I applied for SSA 3 years ago and was turned down the first time around and I never fought it. I figured I would wait to see how the VA rated me and go from there. The DAV Rep said, I probably would have a hard time becuase I am only 43 yrs old.

I think I should apply now for TDIU; because thoughout my claim I stated several times that I could not work do to my disabilites. Also, in some of my statements from family and past co-workers, they describe how I am unable to work. Will this TDIU form catch up to C-File?

Thanks RWAY

[Vike17]

Rway,

Your SO is an idoit! Age has no bearing on any determination of IU! If you cannot obtain and maintain a substantial gainful occupation due to your service-connected disabilities, regardless of the percentage, you should file the IU claim. 99.9% of the time when a veteran does not meet the schedular requirments of IU, the VA will attempt to see if he/she warrants a rating that reaches the schedular requirement of IU (the VA form for Iu also acts as a claim for an increase). If the VA is unable to increase your rating so they meet the IU requirments, then more than likely than not they will simply deny the claim on that basis. It is very,very, very rare the VA will submit a claim for IU that does not meet the schedular requirments to the director of Compensation and Pension in Washington, D.C. for and extra-schedular rating. However, having said that, you need to submit the IU claim as soosn as possible to protect the earliest effect date if the claim is approved. Also, even though you have told VA numerous times of your unemployability, they will not infer the issue unless the records indicates you're unemployable due to your service-connected disabilities AND you already meet the schedular requirements of IU according to §4.16(a).

Also keep in mind, you cannot obtain seperate ratings for depression, anxiety and PTSD, which are all mental disorders, If they are approved for service-connnection, you will be rated for the one that is more disabiling and the other wil be 'lumped' togther.

Vike 17