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

[Pete53]

Dear Gwen:

aka "Denmother"

Alex pops in answers a bunch of posts and disapears for weeks but to answer your question he does come back.

[calnight]

YOU HAVE GREAT EVIDENCE FOR IU. I HAD THE SAMETHING FROM VOCREHAB. MAKE SURE TO GET ACOPY OF THE VOC REHAB RECORDS. SUBMIT IT WITH YOUR IU FORM AND BETTER IF YOU CAN GET ADOCTOR TO STATE YOU CAN NOT WORK BECUASE OF YOUR SC. WITH THESE TO DOCUMENTS YOU GOT IT LOCKED IN. OF COURSE THE WAITING IS THE HARDEST PART. GOOD LUCK.

[calnight]

I FORGOT ALSO GIVE THIS TO SSD GREAT EVIDENCE FOR SSD. SINCE IT IS VOCREHAB AND THE ABILITY TO WORK. I BELIEVE THIS IS WHY I WAS APPROVED THE FIRST TIME FOR SSD.

[Vike17]

If a veteran is unable to work because of their service-connected disability, they should file for IU regardless of their disability percentage. This protects the effective date! The IU claim also acts as a claim for increase. If the veteran does not meet the schedular requirements of IU, the VA will first see if they qualify for a rating percentage that would bring them up to the schedluar requirements of §4.16(a). If the percentage is raised to the schedular requirements, then IU is considered. If this is not done, then 99.999% of the time the RVSR will deny IU on that basis. It is very, very, very rare when the RVSR will send the claim to Washington, D.C. for extra schedular approval from the Director of Compensation and Pension when the claimant does not mee the schedular requirements. In order for the RVSR to do this, he/she must think you're unable to work due to your service-connected diability. It is purely a judgmental call on their part.

Having said that, it is done from time to time and I have seen it two times over the course of many years of helping veterans with claims. It is just pretty rare when it is done. For the most part, for most disabilities there is a percentage by the rating schedule that brings that disability in line with the schedular requirments for IU (sub-paragraph (a) of 4.16) if the disability is severe enough to bring about enemployment. Common ones that do not that come to mind are headaches, skin disorders (as Berta mentioned), and hearing loss. §4.16( is intended for those rare cases out there that do exist. A veteran shouldn't expect to receive IU for a back disorder rated at 20% based on forward flexion at 70 degrees. If some one can bend over that far, then the consensus is they can obtain some type of job.

Another thing to keep in mind is that just because a veteran may be rated for a disability or disabilities that qulify him/her for IU, doesn't mean that the VA must automatically consider them for it. The VA is obligated to infer IU if the veteran meets the schedular requirements of IU AND there is evidence in the veteran's C-file that they are currently unemployable due to their service-connected disability!

Vike 17

[Cherie33]

If a veteran is unable to work because of their service-connected disability, they should file for IU regardless of their disability percentage. This protects the effective date! The IU claim also acts as a claim for increase. If the veteran does not meet the schedular requirements of IU, the VA will first see if they qualify for a rating percentage that would bring them up to the schedluar requirements of §4.16(a). If the percentage is raised to the schedular requirements, then IU is considered. If this is not done, then 99.999% of the time the RVSR will deny IU on that basis. It is very, very, very rare when the RVSR will send the claim to Washington, D.C. for extra schedular approval from the Director of Compensation and Pension when the claimant does not mee the schedular requirements. In order for the RVSR to do this, he/she must think you're unable to work due to your service-connected diability. It is purely a judgmental call on their part.

Having said that, it is done from time to time and I have seen it two times over the course of many years of helping veterans with claims. It is just pretty rare when it is done. For the most part, for most disabilities there is a percentage by the rating schedule that brings that disability in line with the schedular requirments for IU (sub-paragraph (a) of 4.16) if the disability is severe enough to bring about enemployment. Common ones that do not that come to mind are headaches, skin disorders (as Berta mentioned), and hearing loss. §4.16( is intended for those rare cases out there that do exist. A veteran shouldn't expect to receive IU for a back disorder rated at 20% based on forward flexion at 70 degrees. If some one can bend over that far, then the consensus is they can obtain some type of job.

Another thing to keep in mind is that just because a veteran may be rated for a disability or disabilities that qulify him/her for IU, doesn't mean that the VA must automatically consider them for it. The VA is obligated to infer IU if the veteran meets the schedular requirements of IU AND there is evidence in the veteran's C-file that they are currently unemployable due to their service-connected disability!

Vike 17

Vike17,

Ok...I am 50% Disabled for "Major Depressive Disorder w/Psychotic Features and 30% Disabled for Irritable Bowel Syndrome. Which brings my total ratng to 70%. When they awarded the most recent rating (IBS increased from 10% to 30%) Which was dated April 9, 2007, there was no mention of TDIU. And just the other day I received a letter from Vocah Rehab stating that and I quote "I have 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. A VA contracto will come to your home and complete an assessment of your Independent Living needs" unquote.

Now, I spoke to the rep that has been helping me with my claims, and the claim that I submitted in conjuction with the clam mentioned above for IBS (I put in a claim for increased disability for my MDD w/PF) the VA wanted to decrease my disability. So, I had to fight to get them to leave it as is. So, I am really afraid to start opening up claims with the VA if I really don't qualify. Now, I have been told by numerous people that I should file for TDIU, but I need to knopw that the VA won't mess with my current disability rating if they decide I am not eligible for TDIU...

Thanks so much for all of your help!

Cherie33

[Vike17]

Cherie33,

Right now you currently meet the schedular requirements of IU. Also, if you are currently unable to obtain and maintain a substantial gainful occupation due to your service-connected disabilities, then you qulaify for IU!

The only thing I can think of about your situation about your MDD is that according to your records and so forth, you are right in between a 30% and a 50% evaluation, meaning a RVSR could go either way with a rating percentage. You did say it was upheld on appeal, right? It's purley a judgmental call on the RVSR if your records indicate a 30%/50% rating.

I guess it's your call.

Vike 17