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]

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

Ok..Forgive my ignorance. but what exactly do you mean by "I am right in between a 30% and 50% evaluation? Are you saying that if I file for TDIU that the RVSR could decide to decrease my current rating? If I have that to worry about than, I'll just leave it the way it is. Oh, and I have another question. I have maintained the 50% since 1997, since I have had it so long, can the VA still decrease it, with one claim that I filed?

Cherie33

[Vike17]

Cherie33,

What I meant by my previous post was, if you were 50% and at some point in time the VA (a RVSR) tried to reduce you to 30%, but the 50% was either re-instated or upheld on appeal by a DRO, then your records may have indictaed a disability that bordered on the two evaluations where one decision maker saw it one way and the other saw it the other way. I'm saying this not to try and discourage you by any means from filing for IU, it's just an observation from a neutral prtys stand point.

If you have medical documentation showing your disability (MDD) is indeed at 50%, I wouldn't worry about the VA trying to reduce that evaluation. If you're unable to work any type of job because of your MDD, or your IBS for that matter, you should file for IU!

Vike 17

[CroyII]

Just a suggestion from someone whose only experience is assisting my husband in getting his IU recently. If you have a spotty civilian employment record go to your local Social Security office and request a print out of all of your work record. They have the ability to print if for you. When you send off the IU form attach a copy of that record along with the statement from the VA voc rehab person. Good Luck.

[Cherie33]

Hey CroyII and Vike17,

Thanks a million for your advice.

CroyII, I never thought of that, that's a great idea. So, you just go to the Social Security Office and request a print out of your work record? That makes sense. That would also help me to fill out the TDIU form.

Vike17, ok I see. Eventhough, I have been a veteran for a while, I'm still lost when it comes to VA lingo and VA terms.

Thanks,

Cherie33