" Question" On I/u

[mrstix]

Hello all. Here is my case in question. I am 90% all service connected disabilities.

With a total combined rating of 70%. 1st is 40% DDG Lumbar spine, 2nd is 20% right lower extremity, secondary to lower spine. 3rd is 20% left lower extremity secondary to lower spine. and 10% right knee DJD Viet Nam injury.

My question is can I get I/U? " Quote " If there are two or more disablities, at lest one of them rated at 40% or more and sufficent additional disablities which bring the combined total to at least 70%.

BUT I do work ONLY two days a week, my VSO says I do not optain a substantially gainful employment so he filed for I/U for me and it's in the works. He also asked me if aproved would I be willing to quit my job, and I said SURE would.Just working those two days a week are getting hard on me. My VSO is retireing in August after doing this for 25 years he has do so much for us Vets her in S/W Penn.

Thank you for your replies.

mr stix, Msgt U S Air Force 25 Years Retired

[jbasser]

If you are 70 percent and have one disability at 40 percent you meet the criteria. They also should group body systems together to get 40 percent.

Your only setback may be the fact that you are working. Now if you were working 2 days a week and they let you go because of your SC disabilities, You would have a better shot. You still may be approved.

The VA may send you for a C@P exam.

If you can, Stop working and File for SSD also.

Good Luck.

[Berta]

Your rep was right-

as long as a veteran does not have substantial and gainful employment (meaning if they work they make wages below the annual poverty level) the veteran-if service conneced disabilities prevent them from working or attaining substantial employment are fully eligible to get TDIU.

Any vet-whether they have SC rating or not or regardless of the rating it is--can get TDIU award if they have medical evoidence that their SC disabilities prevent them from working.

[Berta]

I need to clarify that-

if a veteran has an obvious service connectable disability-due to presumptive regs or by medical evidence (like a private doctor's diagnosis that is for a condition directly due to service) the VA can award them TDIU based on that medical evidence -

Say a vet has CIB or PH on DD 214 and years of treatment for PTSD by private shrink who says he cannot work due to the PTSD.

This vet with no SC rating at all can send in a TDIU form and be awarded TDIU.

Or say a Vietnam vet with DMII has had the DMII directly progress into causing heart disease so significant his private doctor tells him he can no longer work.(DMII is presumptive to AO)

Even if this vet has never filed VA claim or gotten into the VA health care system, this veteran could file TDIU form and expect an SC award.

Say a veteran has multiple sclerosis under the chronic disability criteria (wthin 7 years after discharge)but never filed a VA claim. Her private doctor tells her to stop working and she also applies for and receives SSA disability for the multiple sclerosis.

She can send the VA a TDIU form with medical evidence that her condition fully comes under the Chronic Presumption regs (38 USC 1112)

with the SSA award and her doctor's statement of diagnosis and unemployability and although she might have to prove chronicity of MS at 10% disabling within seven years after discharge-if this is not dcumented in her SMRs-but if she meets the full criteria for that within the specific regs -she can certainly file for and expect to receive SC under TDIU.

I was shocked to find my vet reps looking all over for a TDIU form one day-you would think that would be at their fingertips all the time-

especially since they have office right on the grounds of the local VA, with a DOM and Nursing Home included-

I do not believe vet reps even consider giving these forms to most veterans that should be applying for TDIU.