tdiu Individual Unemployability

[Armand]

Is there anyone out there that is getting BOTH Individual Unemployability and Disability Retirement from the federal government? If so, please contact me.

Armand

[john999]

Mantooth

Yes, the VA tried to deny my TDIU because they said that even though I got 70% and was on SSDI and OPM for the same thing I had other NSC condition so that was the real reason I was unable to work. It was BS and I got that fixed. The VA did purposly go out of their way to find any reason to deny my IU claim. I mean they went over my medical reports with a microscope.

[Armand]

john999-

I have seen cases where a vet was denied TDIU because he was already out of work due to an issue that was not service-connected. Example, I saw a case where a vet with 70% depression applied for IU, but he had previously went out on disability from his job for a back condition. VA said that the NSC back condition made him unemployable, not the SC depression.

I was awarded TDIU by the review board. However, they have been "withholding" the difference in pay because they said it was a duplication of benefits because of my disability retirement from the post office. Oh, the issue was service connected.

[Armand]

x

x

x

Yes, you can have both TDIU and OPM retirement - as long as your total additional/other income does not exceed the poverty threshold established by Congress.

Also, a Claim for TDIU should not precede actual unemployability due to SC disability.

Do you know where I can research this?? Thanks.

[jbasser]

Title 5 united states code of federal regulations.

[Armand]

Title 5 united states code of federal regulations.

e-CFR Data is current as of January 29, 2008

Here's what I found folks. I am a civil service annuitant, I am not receiving worker's compensation.

Armand

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Concurrent Benefits and Elections

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§ 3.710 Civil service annuitants.

Department of Veterans Affairs benefits may be paid concurrently with civil service retirement benefits. However, payments will be considered income as provided in §3.262 (e) and (h).

[29 FR 15208, Nov. 11, 1964]

[john999]

Armand

The VA should correct this mistake without you having to file an NOD. There must be some human being at your VARO who can get this straight if you show them this regulation.