tdiu Ok. I'm Ready To File For Tdiu

[Cherie33]

Hi Everyone,

I have been pondering on whether or not to file for TDIU. Not to long ago I filed for an increased rating for my Major Depressive Disorder with Psychotc Features (currently at 50%) and instead the VA proposed to decrease my rating (to 30%). I went back and fourth with them until they decided to leave it the same (50%). However, they increased my Irritable Bowel Syndrome to (30%), which now makes my overall rating at 70%.

They did not mention anything about considering me for TDIU. Anyway, I think that I will file for TDIU, I just don't want to risk losing my benefits. I've already been through that.

Now, I was in the Vocah Rehab program and went through school, however my disabilities caused me not to be able to continue. I received a letter from my Vocah Rehab counselor stating that, quote "As your vocational rehabilitation counselor, 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 Independent Living services. A VA contractor will come to your home and complete an assessment of your Independent living needs." unquote.

I also visited my VA Psych dr. and he said that I can no longer work because of my disability. (Which he also stated in a letter, when I was trying to get my disability increased). He has once again listed this in my medical record.

At this point, should I apply for TDIU? Do I have enough evidence? If so, how would I file out my TDIU form? I haven't worked since 2002, however I was in school (through the Vocah Rehab Program, through 2004 - 2005.

Thank you, as always for your help!

Cherie33

[cloudcroft]

Send in whatever and all evidence you have supporting your claim that you should be awarded TDIU. If your claim really IS a slam-dunk, there is no sense in not sending in ALL evidence because the sooner they see it all, the sooner they can render a decision. Sending evidence in piece-meal will just confuse and cause delays. This is advice not only to you, but to other vets: If you have it, send it in, don't sit on it "for later."

As always, be sure to makes copies of ANY documents you send in to the VARO. With those affordable all-in-one printers available nowadays, making copies can be done at home. Some of these AIOs will do faxes, too.

Whatever, take the stuff in to your local VAMC/VA benefits Office and submit them in-person (and get dtae-stamped copies), or, FAX them in to your particular VARO if you live too far away from the VAMC/VA Benefits Office.

Good luck,

-- John D.

Thanks Pete. I will...Now, do you think that I should go ahead and send in the completed TDIU form with at least my "Voch Rehab" letter attached to it, and when I get a copy of the comments from my dr. I can send it in latter. Or should I send all of it together?

Cherie33

Edited September 17, 2007 by cloudcroft

[Cherie33]

Send in whatever and all evidence you have supporting your claim that you should be awarded TDIU. If your claim really IS a slam-dunk, there is no sense in not sending in ALL evidence because the sooner they see it all, the sooner they can render a decision. Sending evidence in piece-meal will just confuse and cause delays. This is advice not only to you, but to other vets: If you have it, send it in, don't sit on it "for later."

As always, be sure to makes copies of ANY documents you send in to the VARO. With those affordable all-in-one printers available nowadays, making copies can be done at home. Some of these AIOs will do faxes, too.

Whatever, take the stuff in to your local VAMC/VA benefits Office and submit them in-person (and get dtae-stamped copies), or, FAX them in to your particular VARO if you live too far away from the VAMC/VA Benefits Office.

Good luck,

-- John D.

Thanks John? Oh, and will I have to go to a C & P exam for TDIU benefits?

Cherie33

[john999]

TestVet

No truer words have been spoke. If you don't file for it, or appeal it you cannot win it. If it is a CUE or EED or whatever you have to file and keep filing. The difference between success and failure is usually persistence for most of us. It is not the perfect claim or expert knowledge but just pounding the rock until you get it. This is true in life as well as VA awards I think. It is like the boxer who is still throwing punches as his ass hits the floor. Think positive.

[cloudcroft]

Cherie33,

You will probably have one C&P for sure: the "Social and Industrial Survey" (an interview asking you questions taken from the exam form) and most likely it will be conducted by a social worker:

http://www.vba.va.gov/bln/21/Benefits/exams/disexm57.htm

But I would expect a C&P also for your disabilities FIRST. IBS alone may not be a reason for unemployability so I think that is irrelevant. The Major Depression, however, IS most likely the reason and so you focus on that, but you will have to get your current 50% raised to at least 70% -- so you will need a C&P for this -- or else they will deny any TDIU claim.

Yes, I know that technically you can have no disability rating at all and get TDIU, or a very low rating -- and be awarded TDIU (we discussed this in another tread here awhile ago) -- but in the real world, it happens as often as hell freezes over. Don't count on it.

As I have said here before, first get the disability rating responsible for your employment problems RAISED in order to meet the minimum (or more) required, then go for TDIU. You can do both at the same time (use form VA21-8940) BUT the VA will decide the increased rating issue first. If you get that, then they will consider TDIU, if you do not get raised, they won't consider TDIU and deny you that.

Good luck,

-- John D.

P.S. John, you still need to have a valid case...if you don't, you will never win no matter how persistent you are. Ask all those vets who tried for years and still ended up with denials, from VARO, the BVA and CVA. If your case has the required merit, then of course, don't give up. Otherwise, you may be wasting years of your life and all that time/effort would have been more productive elsewhere.

-- JD

Thanks John? Oh, and will I have to go to a C & P exam for TDIU benefits?

Cherie33

Edited September 18, 2007 by cloudcroft

[Cherie33]

Cherie33,

You will probably have one C&P for sure: the "Social and Industrial Survey" (an interview asking you questions taken from the exam form) and most likely it will be conducted by a social worker:

http://www.vba.va.gov/bln/21/Benefits/exams/disexm57.htm

But I would expect a C&P also for your disabilities FIRST. IBS alone may not be a reason for unemployability so I think that is irrelevant. The Major Depression, however, IS most likely the reason and so you focus on that, but you will have to get your current 50% raised to at least 70% -- so you will need a C&P for this -- or else they will deny any TDIU claim.

Yes, I know that technically you can have no disability rating at all and get TDIU, or a very low rating -- and be awarded TDIU (we discussed this in another tread here awhile ago) -- but in the real world, it happens as often as hell freezes over. Don't count on it.

As I have said here before, first get the disability rating responsible for your employment problems RAISED in order to meet the minimum (or more) required, then go for TDIU. You can do both at the same time (use form VA21-8940) BUT the VA will decide the increased rating issue first. If you get that, then they will consider TDIU, if you do not get raised, they won't consider TDIU and deny you that.

Good luck,

-- John D.

P.S. John, you still need to have a valid case...if you don't, you will never win no matter how persistent you are. Ask all those vets who tried for years and still ended up with denials, from VARO, the BVA and CVA. If your case has the required merit, then of course, don't give up. Otherwise, you may be wasting years of your life and all that time/effort would have been more productive elsewhere.

-- JD

cloudcroft,

I think that I may be a little confused..Now I have already put in for an increase in my Major Depression and they tried to reduce it. I fought back and fourth with them, so they decided to leave it the same. Meanwhile, they raise my IBS from 10% to 30%. Now, about the IBS, I think that I would have to disagree with you on that one, IBS can be a contributing factor for unemployability. It depends on the severity. Now, my IBS has been given the highes rating one could have and it definitely is one reason why I cannot work. Spending most of the day on the toliet isnt any fun and employers get annoyed when you can't stay out of the bathroom!

Cherie33

[cloudcroft]

Okay, then adjust your plan of attack accordingly...I'm sure no expert on IBS, nor am I re: mental issues, but am more experienced with the latter and how they relate to TDIU.

So I gave more weight to the depression, but that's just IMO.

Good luck,

--John D.

P.S. I suppose you could work from home from your computer (telecommuting). Physical disabilities are more "workaroundable" than mental disabilities. If you're "seriously mental," it "kills" the body and you won't be working at ANYthing, even from home. If you're "seriously physical" then that is not necessarily so and there's more hope for you re: employment. Look at all the things people accomplish who have very serious physical disabilities. Now look at the ones who have the mental counterpart (like me). No contest.

Again, IMO.

-- JD

cloudcroft,

I think that I may be a little confused..Now I have already put in for an increase in my Major Depression and they tried to reduce it. I fought back and fourth with them, so they decided to leave it the same. Meanwhile, they raise my IBS from 10% to 30%. Now, about the IBS, I think that I would have to disagree with you on that one, IBS can be a contributing factor for unemployability. It depends on the severity. Now, my IBS has been given the highes rating one could have and it definitely is one reason why I cannot work. Spending most of the day on the toliet isnt any fun and employers get annoyed when you can't stay out of the bathroom!

Cherie33

Edited September 18, 2007 by cloudcroft