tdiu Got Some Good News But A Little Confused

[Abe111]

To make this a little better in understanding I will not quote the decision from the va letter I recieved today. I recieved a decision which gave me a rating of 90 percent overall. My orthopedic dr. stated I was unemployable do to my service connected disabilities. here is a quote from the rating official. "the examiner stated that the veteran is unemployable as a result of his service connected disabilities, as a result of this statement this issue will be deffered."

I never filed for TDIU and have been trying to get in touch with my dav rep. He has not returned my call in over a week. Do I have to file paperwork for this or will the va contact me with another letter.

It strange because I recieved a previous rating on my depression which I filed back in april and recieved a decision which increase this my rating to 50%. I never filed a claim for an increase with my orthopedic issues, but two weeks later I got called in for "re evaulation." With the increase in my orthopedic issues it raised my overall rating to 90%. I was in shock, I believed the VA was trying to find a reason to lower my rating as a result of the increase in my depression from 30% to 50%.

Should I just wait to see what the VA says on this "defferred" issue or take some action? I am not working right now and am somewhat confused on what is happening. Maybe the VA will lay the whole thing to rest? Thanks, ABe

[LarryJ]

When a statement is made by the examiner, or an outside doctor or, for example, the Social Security Administration, that indicates that you are unemployable, then the VA HAS to consider whether you are eligible/qualified for TDIU. Quite probably, when I stop and think about it, the reason the issue of you and TDIU is being deferred is simply to allow the Rater to go through the motions, before granting you total disability.

We can always hope.

[Abe111]

thanks Larry I will wait to see what happens, Amen.

[danang_1969]

To make this a little better in understanding I will not quote the decision from the va letter I recieved today. I recieved a decision which gave me a rating of 90 percent overall. My orthopedic dr. stated I was unemployable do to my service connected disabilities. here is a quote from the rating official. "the examiner stated that the veteran is unemployable as a result of his service connected disabilities, as a result of this statement this issue will be deffered."

I never filed for TDIU and have been trying to get in touch with my dav rep. He has not returned my call in over a week. Do I have to file paperwork for this or will the va contact me with another letter.

It strange because I recieved a previous rating on my depression which I filed back in april and recieved a decision which increase this my rating to 50%. I never filed a claim for an increase with my orthopedic issues, but two weeks later I got called in for "re evaulation." With the increase in my orthopedic issues it raised my overall rating to 90%. I was in shock, I believed the VA was trying to find a reason to lower my rating as a result of the increase in my depression from 30% to 50%.

Should I just wait to see what the VA says on this "defferred" issue or take some action? I am not working right now and am somewhat confused on what is happening. Maybe the VA will lay the whole thing to rest? Thanks, ABe

I think the form you need is 21-8940. Go to www.va.gov click on forms and enter 21-8940 and it will download in PDF format. It is not fillable but you can print it and fill t out. Pete or Bertha may want to confirm this. I'm not as up on all this as many are hdit.com. It seems to me that you can submit all the needed info to the VA but if it is not on the appropriate form they will ignore it and will not give you instructions on how to correct your mistake. JMO.

Danang_1969

[chongo]

When a statement is made by the examiner, or an outside doctor or, for example, the Social Security Administration, that indicates that you are unemployable, then the VA HAS to consider whether you are eligible/qualified for TDIU. Quite probably, when I stop and think about it, the reason the issue of you and TDIU is being deferred is simply to allow the Rater to go through the motions, before granting you total disability.

We can always hope.

I hope it is true about the rater going through the motions. I am 80% DAV and 70% CRSC. I applied for increase and TDIU and has been scheduled for an appointment at the VAMC. I was approved for Social Security Benefits in Aug 2007.

[stevedenesha]

Congratulations on your upgrade. The reason why they deferred the unemployabiity is because they do not automatically process you for this even though you may meet requirements. The request for unemployability is suppose to come from you, so if your not working it looks like you've got a great chance of being approved. Suggest you send in the paperwork as soon as you can!

Steve

[10thFO]

Abe,

It is the Va's duty to assist and consider you for TDIU, once your disability/'s hit either 60% for one issue, or over 70% with one issue at least 40%. I'll have to see if I can find the reg cause I used that for an earlier effective date for my TDIU, saying that when they rated me 50% for PTSD it was actually wrong, I filed a De Novo Review asking for another DO to take a look at my case, with the new evidence I supported in effect for my PTSD, I recieved a jump to 70% for the PTSD, 80% overall, as they didn't do an evaulation on my legs and back like I asked them to.

But somehwere in the CFR there is a regulation that says that it is the VA's responsibility to consider you for TDIU if you hit the above stated ratings I stated. My DAV rep tried to get me not to file for the TDIU and an earlier back date. His advice would have cost me some 20K. So you need to be smart about this. I would file either for a DeNovo review or contact your DAV rep and tell them that the VA has screwed up in not considering you for TDIU since it was their responsibility to consider it in your case. He / she may be able to call the office and shake them up a little.