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

[Philip Rogers]

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

Steve, not to dis you but please check 38 CFR 4.16b, before making statements of this nature. The VA routinely, I believe intentionally, doesn't inform the vet of this rule. jmo

pr

Edited June 20, 2007 by Philip Rogers

[Berta]

A veteran can request TDIU whether they are even SC or not-

I had a vet-with private psychiatric records-

he had never been to the VA.Nada SC %.

I sent him the TDIU form (which has no statement whatsoever that there must be a specific % to award TDIU) and told him what to attach to it.

Within 4 months- (I been there FOUR YEARS!) the Buffalo VARO awarded him TDIU.

His evidence was excellent.

The VA with a 70% award should have stated that they at least considered you for TDIU- if they didnt it is an error in the decision-

I attached the TDIU form-

Under # 18 check Yes and then apply for SSA benefits.

Under Remarks tell them (if you need more room tell them you are attaching additional page with your c file number on it-and tell them if Voc Rehab has ever turned you done due to your SC making Voc Rehab unfeasible, tell them anything else that supports why you cannot work, and tell them how the side affects of the SC meds you take prevent you from working.

Like-causes confusion, drowsiness, do not take and drive- stiff like that-

Make sure you get proof of mailing and retain a copy and send a copy to your vet rep.

Here is the TDIU form.

TDIU_form.pdf

[Berta]

PS- I would send the TDIU form in but I would also send them a NOD on the decision.

I am very surprised that the VA did not consider you with 70% for TDIU.

70% triggers the VA to consider it.

What they don't say is that upon receipt of a TDIU app from a veteran- they have to consider it also-and they will-

maybe that is why the VA always stalls my claims---

I have been whipping out TDIU forms like crazy for the past 5-6 years and sending them to vets- regardless of their %.

I often think the 3 1/2 floppy has worn out-I use it so much to post the form 21-8940.

I was shocked while -at my reps office one day- they had problems finding a TDIU form -this floppy is almost always in my PC already to attach when I am on line here.

The key to TDIU has been stated here-

if your service connected disabilities render you unemployable, the VA should grant you TDIU.

Edited June 20, 2007 by Berta

[Pete53]

Berta:

Do you remember the claim Alex Humpfrey won for a Veteran who was 10% because the Vet was Service Connected for 10% for loss of his spinkter muscle? In other words he could not control his bowel movements.

I think that the principle here was not to get to hung up on the per centages just ask for TDIU if unemployable.

[Berta]

YES I do-

although the physical disability was only 10% disabling the fact that he could not control his bowels made him unemployable.

I know a female vet who I believe is within this type of TDIU award category.

While her service connected skin disorder is only 20-40 % disabling -the reality is-

she has facial tumorous growths that are quite startling to see and every job she managed to get involved either the public to some degree or co-workers who were repelled by her appearance.

I havent heard from her in some time.

Actually I know 2 vets with this type of disorder-

both female veterans. This is a lot for them to deal with.

Of course I suggests they get photo done of their faces as evidence to support their claims.

And dont forget Flip had a vet here whose hearing loss was dropped to 10% or "0"-forget which and Flip got him 100% as he helped fight the proposed termination.

The VA looks at all of the factors-for TDIU- although these factors have to be clearly stated to them in some cases.

Edited June 20, 2007 by Berta

[GwenW]

Pete,

I have been trying to remember Alex's name...thanks for posting about him. Does he still show up here from time to time? I wonder how he is. That man was such a help, as are you and so many others.

Gwen

PS: Sorry if this doesn't belong in this section.