HadIt.com Elder Josephine Posted May 8, 2008 HadIt.com Elder Share Posted May 8, 2008 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 9, 2008 Author HadIt.com Elder Share Posted May 9, 2008 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 Phillip, The BVA Judge granted service connection for the Chronic Anxiety, March 4, 2008, with retro to 1992 due to the Both New and Material Evidence. Thanks, Betty Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted May 9, 2008 HadIt.com Elder Share Posted May 9, 2008 Betty, The regs clearly state the VA cannot grant TDIU wothout the Veteran having filled out and submitted the form. They denied me this last year and I looked it up. I beat it as IU is a moot point as I was rated 100% schedular. J Link to comment Share on other sites More sharing options...
Berta Posted May 9, 2008 Share Posted May 9, 2008 Yes-either they send it to the vet or the vet sends it to them- They can still award 100% SC without it -as I understand it- because 100% is different from TDIU- but same amount of comp. If they want to award under TDiU regs they wll need this form-seems to me-in many many cases the vet rep themselves should make sure a vet applies for TDIU if there is medical evidence to potentially support it. I wonder if these reps even want to take the time to find the form-the TDIU form insures the best EED and with SSA records -and SSA award-solely for the same SC disability sometimes the VA will go back one year prior to the TDIU form receipt date-with those SSA records if they show unemployability due to service connected condition back further than the TDIU form date. Vets lose mega $$$$ because their reps dont tell them to file TDIU forms when they should. Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 9, 2008 Author HadIt.com Elder Share Posted May 9, 2008 (edited) Betty, The regs clearly state the VA cannot grant TDIU wothout the Veteran having filled out and submitted the form. They denied me this last year and I looked it up. I beat it as IU is a moot point as I was rated 100% schedular. J John, What is 100% schedular? I looked under the search and it does not come up. Thanks, Betty Edited May 9, 2008 by Josephine Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted May 9, 2008 Author HadIt.com Elder Share Posted May 9, 2008 (edited) Yes-either they send it to the vet or the vet sends it to them- They can still award 100% SC without it -as I understand it- because 100% is different from TDIU- but same amount of comp. If they want to award under TDiU regs they wll need this form-seems to me-in many many cases the vet rep themselves should make sure a vet applies for TDIU if there is medical evidence to potentially support it. I wonder if these reps even want to take the time to find the form-the TDIU form insures the best EED and with SSA records -and SSA award-solely for the same SC disability sometimes the VA will go back one year prior to the TDIU form receipt date-with those SSA records if they show unemployability due to service connected condition back further than the TDIU form date. Vets lose mega $$$$ because their reps dont tell them to file TDIU forms when they should. Berta, I have ask the VA a million times for 100% service connection for chronic anxiety. How did I get the non service connection pension without filling the form out? How could the VA make this statement: 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%. The VA is stating 1992 as my first filing date, and the counselor filled out all the papers. They are clearly stating I cannot work due to disabilities. Thanks, Betty Edited May 9, 2008 by Josephine Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted May 9, 2008 HadIt.com Elder Share Posted May 9, 2008 Betty, The rating schedule. If you meet 100 percent acccording to the schedule for rating disabilitiers. That is what you should eventually get. Keep the faith for I know it has been a very bumpy road. J Link to comment Share on other sites More sharing options...
Question
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
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