diabetes Why A Tdiu Form ?

[Josephine]

I am being told that I should have filled

out a TDIU Form with my Form - 9 if I wanted to be considered for

Unemployability by the VA for the newly awarded service connection

for chronic anxiety.

No, I did not ask for it, for I had this in my records.

Could someone please expain to me why with this in my records, I

needed to do this?

Effective June 26, 2003, we have granted you a non service connected

pension.

You are unable to secure and follow substantially gainful occupation.

You are 59 years old, have a level of education reported as high

school, and last worked in 1983. The evidence shows you to be

disabled due to his disabilities of chronic anxiety/depression; 50%

headaches 10%; Vestibular condition/inner ear condition 30%,

degenerative disc disease L-4- L5 and L-5-S1 10& diabetes 20%;

hypothyroidism 10%;ischemic attack 10%; rheumatic heart disease 0%;

ortho-static hypotension 0%.

Dr. Crowley, the Forensic Psychiatrist, who did the Independent

Medical Opinion for me, said he would review all of my medical

records and write a letter listing the why's and the effects of my

medication.

I am totally lost.

Thanks,

Betty

[Berta]

Me too- I thought they awarded 100 % SC to you weeks ago -for SC anxiety?

"Effective June 26, 2003, we have granted you a non service connected

pension."

Did they put that statement in a recent letter to you?????

This doesnt make sense at all to me.

[Josephine]

Berta,

The authorizer keeps changing it.

I received this Non- service connected Pension with this wording:

RATING DECISION

February 27, 2004

The records refect that you are a veteran of the Vietnam Era and Peacetime. You served in the Navy from March 15, 1963 to May 20, 1964. we received a request to re-open a previous claim and consider new claims on December 31, 2002. We also received a claim for nonservice connected pension benefits on June 26, 2003, Based on a review of the evidence isted below we have made the following decision on your claim.

DECISION

1. Entitlement to nonservice connected pension is granted.

2. the claim for service- connection for chronic anxiety with depression remains denied because the evidence submitted is not new and material.

2. The claim for service connection fo headaches remains denied because the evidence submitted is not new and material.

REASON FOR THE DECISION

This is what I have typed below.

When I received the nonservice connected pension, I then acquired the " Psychiatric Records" from the St. Louis Archives and one of the counselors at the R.O filled out a NOD to re-open the claims of February 27, 2004 due to " Both New and Material Evidence". He filed for chronic anxiety and the headaches.

Now I am told, I should have filled out a TDIU, for the NSC Pension does not state or ask for unemployability.

I understand the years of 2005- 2008 will be 70%- 1997- 2005 - 50% and 1992 - 1997 will be 10%.

I have been told now I need to go in and fill out the TDIU for them to pay me back at 100% to 1992.

Thanks,

Betty

[john999]

Betty

Wait until you get the decision. You should have been considered for IU even if you did not have 100% because their is clear evidence in your record that you can't work. You have an inferred claim for IU from the day you got 70% and that is for sure. I just don't know how to play it until you get the actual decision in writing. If they rated you 70% they should have considered you for IU. If not then I think you may have a CUE since their is evidence you were unemployable. Let's see what your rating actually is and why you may have been denied IU. It may be that you were rated 100% schedular. Until you actually get the decision we are only speculating.

[Josephine]

O.K. My rep is looking right at the paper.

Betty

[Philip Rogers]

Betty - jmho but they are really screwing w/you. So as I read it, they are not s/c'ing anything. The unemployability issue won't matter unless you're conditions are s/c'd. Pension is only paid at the one rate. To me you need to get these s/c'd. Take the money and continue the fight.

pr

[stillhere]

Betty, I would suggest that you do an Iris information request and see if that tells you anything. It has been over a month right? You should be hearing something very soon. Good luck