tdiu Denied!

[Cherie33]

Hi All,

Here we go again...Well, I received a letter from my vocah rehab counselor stating that "She made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment. However, we will be providing you an evaluation for Individualized Living services."

Ok...now I received a phone call from a VA representative to set up an appointment to come by my house and complete an evaluation for Independent Living Services. Does anyone know what to expect? What should I do after that? I am currently 70% (Combined & Total disabled) should I file for TDIU?

Any advice would be greatly appreciated!

Thanks,

Cherie33

[Cherie33]

Cherrie:

When were you rated 70%? If the VA messed up you may be do some back pay and a lot more money each month. Do you get Social Security Disability?

The evaluation will be to see if they can do something to make life better for you. Most get Computers but there is other stuff you can do.

Good Luck

Hey Pete, I was awarded 70% just a few months ago, however, they back paid me from Feb 2006. The VA never mentioned TDIU.

I already have a computer and I'm not sure fo what else I would be interested in. Perhaps I could join a gym or something.

Thanks, Pete,

Cherie33

[jecsb4]

If you are 70% and unable to work you should file for TDIU. You have the required percentage rating.

So I guess you need a min of 70% plus the requirement that you can work?

What is the min % you would need for TDIU. Is it a combined rating or does it usually require a % for one or two major issues?

Joe

[betrayed]

been thru it, going thru it now. So far I got a new desk and chair for ergonomics. I am getting a craftmatic bed Big $$, maybe some mods done to my jeep, and i dont rmemember what else, maybe some bikes, gym membership, and they did a recreation assesment on me, I took the guy while he was doing the drivinng assesment to the glass shop where they teach stained glass classes, he is asking for begginer and intermediate classes, all tools to set up shop at home, enough materials to do four projects, a drafting table that cost about $600. Everything has to be ergonomic for my cervical spine problems.

The good news is they said your not feasible to work, so IU is a given for you or should be unless you get one of those geico cavemen for a rater...............

ILP is a good program but it is long and drawn out, but when everything is done you get some nice bennies from it.

[Pete53]

I think that you should appeal your 70% rating cause obviously they did not consider you for TDIU and they should have. If you prevail you will get the back pay to your first effective date. Since it was awarded just a few months ago you are still able to appeal it.

Good Luck

[stevedenesha]

Keep in mind that the minimum requirement for approval isn't just 60% for one disability but also a minimum of at least 40% for one disability if your claim has multiple disabilities that total 70%.

Steve

[GwenW]

Yes, be sure to file for Individual Unemployability! From our experience, the VA never tells anyone about it. If it hadn't have been for online help from Mr. Smith, Pete, Bertha, and others; (before the Hadit days on the old Prodigy Veteran Bulletin Board) I would have never known about it. Thank God, we now have Hadit to spread the word. Also, I (I did the paperwork...Dave wasn't able!) just wrote an informal letter requesting the TDIU for my husband and had him sign it. I put an attention line: Requesting Individual Unemployability. Now, there are forms online, but I think the letter would still work.

I just wanted to add that it really didn't matter what your disability rating is...if you can't work because of a service connected disability....file for the IU! They will adjust the rating as needed. Dave, my husband, started out with a 10% rating. (So, don't let the rating keep you from asking for this!)

Good luck, fight for what you deserve...you've paid dearly for it!

Gwen

Edited June 20, 2007 by GwenW