tdiu Tdiu Claim Proof - Hadit.com Members

[e.greeley]

Hello All,

I am confused about my claim for TDIU. Does my claim meet the criteria for TDIU? (service connected disabilities listed below)

Does the 70% major depressive disorder, my VA treatment records and about 2 years of work out of 10 years prove my inability to secure a gainful occupation? Can I use this same evidence to get social security? I have read so much about both subjects but my anxiety just goes up and I lose focus.

Does anyone have advice?

Can I reach my service officer by email? would this be considered too intrusive? I hate the phone ringing (jump out of my skin) and driving down there seems very difficult if not insurmountable. I am taking my Prozac, (prescribed by the VAMC) but I am not doing well.

Thanks for your help.

[cowgirl]

Dear E.greely,

Sounds like you have lots going on and you need support as well. My initial thoughts are, please do contact your DAV VSO or VARO office asap to get an understanding of what the VA is trying to say with 'claim development'. Maybe your VSO would have an understanding of the local VARO's methods, seeing a counselor in person, calling, or emailing via 'iris' inquiry to get a correct response of what it means.

So far, my VSO has been very helpful, trust me I tried on a few before I found the correct one, I still do the brunt of the work and havent been totally disappointed yet.

I highlighted the statements in your post and added comments I hope helps, if not, just disregard!

Best of luck to ya'! cg (my opinion only)

Entitlement to individual unemployability.

The issue of whether or not the veteran is entitled to Individual Unemployability is deferred for the following: claim development

My idea, unless someone else here can explain 'claim development' its possible there are more details listed on your SOC,,,,, check with your VSO about this, if not maybe ask your VARO office by fax.iris or telephone if the other two dont work. me, I prefer cya on paper.

Does 70% for MDD actually prevent me from attaining and retaining substantial employment?

Did you read the CFR 38 4-18 on tdiu, it talks to this.

My work history over the past ten years will prove (social security earnings statement i requested) that i have not worked for a long time.

I hope the ssa statement helps and seems to be valid proof, since I am in the process I have former employer and old/new tax records also. I am expecting an industrial survey/visit with a counselor once my tdiu app gets going.

Do I need to develop my claim any further, and if I do, should I see the VA psychiatrist first and ask about the unemployability statement?

Do you know how to 'develop your claim? did your VCAA statement guide you in what needs to be done next, is there something the VA is doing for you; or is it simply a statement 'tdiu deferred for claim development'? After checking with VSO or VARO, you should get a better idea of whats next. Meanwhle, a letter from a doc regarding your un-employability due to sc is invaluable, many times over...again, see the other tdiu discussion/advice here on Hadit. I got a statement from my doc, am hoping it works. looks really good, but it ain't over till the dinner bell rings!

should I just fill out the 21-8940 and send it to my DAV rep?

Call or visit your DAV rep, keep focused to the subject you need help with. Say your %'s sc for what, then what you need help with. VSO should be able to pull up your records in their office to see exactly where you are in the process. It could be the VA has your tdiu application or EED started for you already and its probably good to confirm that first before filling out and submitting a 21-8940.

I beleive Title 38 covers unemployment in the following areas and probably more...

4.15 Total disability ratings.

4.16 Total disability ratings for compensation based on unemployability of the individual.

4.17 Total disability ratings for pension based on unemployability and age of the individual.

4.18 Unemployability.

Edited January 7, 2008 by cowgirl

[e.greeley]

cowgirl said,

My initial thoughts are, please do contact your DAV VSO or VARO office asap to get an understanding of what the VA is trying to say with 'claim development'.

I just forced myself to call my DAV Field Service Officer, there was no answer, voicemail or message service. It is also just after 12 pm, and if I remember correctly, he turns everything off during lunch. He has an office in the VAMC, so I hope to reach him after one pm. During lunch I plan to find another number for somebody though. :P

I will read more on TDIU in CFR38 and get focused here. I have been having a foggy fuzzy time with my depression, but these things must be done.

Luckily, there was no VCAA, (i checked the references and enclosures with my letter) so the one year time limit is not an issue.

My field service officer was the one who got the increase in my percentages. He probably did say something about what to do next, but I don't remember what he said. I guess I felt like I didn't deserve "unemployability", I have gotten over that, like I had to get over being diagnosed with a major depressive disorder. My kids certainly deserve all the help they can get.

thank you for that first step, i will start a letter to my FSO. it will be masterpiece of cogency and focus! After all, it's not like I have a job to get to! LOL

[e.greeley]

still no answer at the DAV office in the Detroit VAMC. Damn, I don't want to be sending my paperwork there if he doesn't work there anymore.

well, i guess i better get started on my own. i do have an appointment at the pontiac clinic on wednesday, so that is a step in the right direction.

if i have to hand-carry my stuff down there i will. i was hoping to avoid the drive down there. sad, but i used to love to drive. :P

[e.greeley]

cowgirl,

i missed this the first time i replied "simply a statement 'tdiu deferred for claim development'"

that is exactly what my decision letter says! they also included a form for vocational rehab, but i have already tried that. sadly, i was unable to maintain good attendance or grades.

i will try to reach the detroit regional office (which is not too far from the hospital) and get some help.

[Pete53]

"Deferred for further development" is not all that bad. They are at least working on it. You could call the VAMC 800 Number and ask the Operator to talk to the DAV not the guys number if there is an office.

Good Luck

[e.greeley]

pete53 said

"Deferred for further development" is not all that bad."

yes, i was trying to see it as a good sign, that, and the fact that there was no one year time limit letter with the decision (like i have read about here).

You could call the VAMC 800 Number and ask the Operator to talk to the DAV not the guys number if there is an office.

thank you i will try that number. there was no answer at the regional office, but also no way to leave a message. i could not find a way to email anyone either. i think i will try that iris thing next.