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

[john999]

Send in the TDIU form right away. Don't wait. You can get it off this website. If the VA did not award TDIU in the rating then you should apply for it even though it is inferred issue. If I did not get the IU on my rating I would file an NOD and ask for a DRO Hearing. This will protect your effective date.

[Berta]

On Question # 18 check of yes- and under Reamrks refer them to separate page- (put you name, address and c file number on the page) tell them you get SSA for your SC (attach copy of the award letter, tell them what the doctor said(attach copy of that) and tell them of any side affects of VA SC meds that also render you unemployable.

TDIU_form.pdf

[Abe111]

Thanks folks, I will do this right away. Still cannot get in touch with DAV rep. I will do it myself perhaps he will contact me in the mean time and I will let him know what I filed. Thanks again. Abe

[tssnave]

Larry,

What part of what reg or court case are you quoting when you say the VA has to evaluate for IU if the examiner states you are unemployable?

My C&P examiner stated that I was unemployable three times and also said I was 100% total occupation and social impaired due to sc disability rendering me unable to work.

The rater made no mention of these statements and I was rated 50% with a statement saying there was no reason to look at extra schedular.

So, please tell me what reg you are quoting so I can quote it back to the VA in my appeal.

Thanks,

TS

[Berta]

from:http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d741c52f7d5b47cff93ecd0ec686fc0a&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#38:1.0.1.1.5.1.96.14

38 CFR Subpart A "General Rating PolicY" 4.17

"(Authority: 38 U.S.C. 501)

( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue."

and:

4.6 Evaluation of evidence.

"The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

[Berta]

PS- when the VA awards 70% that is when they usually send the vet the TDIU form- I always say why wait-

have you sent it in already?

I used the reg I posted here -highlighting this part with a magic marker

- "It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled ." with a vet's private psychiatric med recs (NO SC rating at all), and he attached the evidence to a TDIU form and he got TDIU in 4 months.