Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Tdiu

Rate this question


kim8888

Question

i would like to find out how to correctly file for tdiu. i have been awarded 70% disability for ptsd military sexual trauma. i would like to know how to apply for the tdiu correctly the first time so that i do not have to experience reapplication at a latter date. our local veteran representatives are really uninformed and caused a four year delay for my original claim for ptsd. i have several questions i would like to get information on.

1. when they ask for medical records for the last year, do they have access to the ones i have given them for my claim or do i have to recopy all records again and resubmit them?

2. does it help to write explanations about my hospitalizations or have letters from my doctors stating that i have been unable to work for 6 years? i am currently on ssi due to mental depression.

3. will they obtain the information from my psychiatrists for my sessions or do i have to obtain these records and send them myself?

4. will it affect my claim if my dates of jobs are approxiamted or i am incorrect about the wages earned? it also asks for number of days missed and i am not sure that i can obtain that information from some of my previous employers because it has been a long time since i worked for them?

i would appreciate any help in filing this claim successfully the first time because i need the money to pay for my psychiatric appointments. i cannot get to my va hospital for treatment there because it is too far away and everytime you go you have a new counselor and i cannot get the help that i need. i have to pay for these sessions myself. thanks, kim

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

Kim-Welcome aboard-

When the VARO awarded you the 70% they should have considered you for TDIU in that decision.

What was the reason they denied TDIU consideration?

I will attach the TDIU form-

Under Remarks # 25 tell them to refer to an additional page and then tell them how you fit into the TDIU criteria- inform them of any treatment records and hospitalizations for your SC condition and attach-if you can- any copies of hospital discharge certificates and any other info that they have not considered yet.

Would you doctor be willing to write an IMO for you?

There is a criteria for this type of evidence here under "Getting and Independent Medical Opinion" under the search feature at top of this page.

If a doctor who treats you states you are unemployable due to a SC condition and gives a full medical rationale -this is excellent evidence for TDIU.

On the attached statement tell the VA of the side affects of your meds and how these side affects prevent you from working.

The side effects usually are explained in enclosures with the meds but you can access the meds on any good medication web site for more information.

The SSI- tell VA about this- and make sure you stress that-if you get this SSI award for depr-ssion DUE to the MST you are SCed for-

the VA must consider this as probative evidence.

In the box the form says to check for Disability retirement or SSA- check Yes and then refer them to the attached additional statement and explain what the SSI is for and if it is directly due to the SC condition.

SSI is a supplement income based program.

You get 70% now so I am thinking you mean SSA?

With SSA (SSDI) you can rertain full VA comp and SSA disability benefits-

SSI is limited by income.

Here is the TDIU form.

TDIU_form.pdf

TDIU_form.pdf

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Kim:

Welcome to Hadit. If you are already 70% and not able to work you are almost there. Berta gave you good advice and if the VA does not award TDIU they have to tell you why and you can go from there.

Good Luck and the heavy lifting has already been done.

Ask for Fee Service to pay for your shrink. If you live to far they should pay for it but you have to ask. Just either right a letter to your VA Medical Hospital or the next time you are there go to the Fee Service Office usually hidden from most and ask them to help you. Your SO should have told you this a long time ago.

Edited by Pete53

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use