tdiu Tdiu Form Need Help Badly.

[Josephine]

I have the TDIU form and the last current Social Security Statement of Earnings 2006.

Questions what do I do? I have no ideal of what to put down.

LIST ALL OF YOUR EMPLOYMENT INCLUDING SELF- EMPLOYMENT FOR THE LAST FIVE YEARS YOU WORKED.

Name of Employer- Type of work- Hours per wk-Dates of Employment - Time lost from illness - Highest Gross Earnings Per Month - Time lost from illness.

I know the last five employers and the type of work.

I have the yearly income, but have no clue as to the dates From Month to Month of each job.

How do I fill this thing out. Do I leave it blank or sit and guess?

1983 Gross 3,336.00

1982 Gross 1,619.00

1981 0

1980 Gross 2,507.00

1979 Gross 844.00

1978 Gross 0

1977 Gross 0

1976 Gross 8

I have a letter also from Social Security of no earnings since 1983.

Do I sit here all day trying to figure out what date I went to work and then what date I walked off the job.

I see in 1976, I must have survived about 4 hours.

How can the VA expect me to know all of this stuff.

The VA should have acquired my military treatment records in the first place and this wouldn't be so Greek to me now 25 and 32 years after the fact.

Any help appreciated.

Betty

Edited May 23, 2008 by Josephine

[free_spirit_etc]

Again, I think you can attach a statement to the form. If you attempted to work MORE in 1983 - and it did you in where you couldn't work at ALL - that would still be an impairment.

Or if you attempted to work in a harder job - and that did you in where you couldn't work at ALL - that would be an impairment.

So - whatever applies - your statement could include, In 1983 I (did whatever you did to earn more money) - but this ended up (whatever it did to cause you to quit working).

From Roberson vs. Principi

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

Requiring a veteran to prove that he is 100 percent unemployable is different than requiring the veteran to prove that he cannot maintain substantially gainful employment. The use of the word “substantially” suggests an intent to impart flexibility into a determination of the veterans overall employability, whereas a requirement that the veteran prove 100 percent unemployability leaves no flexibility. While the term “substantially gainful occupation” may not set a clear numerical standard for determining TDIU, it does indicate an amount less than 100 percent.

Having concluded that proving inability to maintain “substantially gainful occupation” does not require proving 100 percent unemployability, we remand to the Court of Appeals for Veterans Claims for a determination of Roberson’s eligibility for TDIU in accordance with this opinion.

CONCLUSION

We conclude that the Court of Appeals for Veterans claims erred in holding that Roberson failed to make a claim for TDIU, and erred in applying an incorrect standard for TDIU.

Free,

My actual highest earnings were in 1967, but I do see what you are saying. I guess trying to work too much did get the best of me in 1983.

I am not going to ask the VA to go back any further than the 2005, as when they gave me the 70%.

It is all becoming too complicated for me.

I am just going to turn in a letter by Dr. Payne and let it go.

He can answer to their comments about my working in the home and things like that.

I don't know what to expect of the headache claim.

I am going to try to tie them both together and write a small letter.

Thanks,

Betty

[Josephine]

Betty, you may be able to ask Social Security for a complete breakdown of your earnings record.

It should outline the months and years you worked. For example if you paid in Social security in January and paid less in February and none in MArch, Then you quit in Feburary.

If they can do this it would be nice. It is not compketely accurate but it willbe close.

John

John,

Thanks so much. Mailed off $40.00 to Social Security for a Certified Entailed work history for those 5 years. This should give me the dates of employment.

Betty

[Josephine]

Again, I think you can attach a statement to the form. If you attempted to work MORE in 1983 - and it did you in where you couldn't work at ALL - that would still be an impairment.

Free, I am about brain dead. I remember now, I worked part time in 1982 and tried full time relief in 1983. I received calls all hours of the day.

When I worked part time, I could always be sure of a ride to work. Guess what my oldest daughters first present was just as soon as she was old enough to drive. Both of my daughers and husband have always took me everywhere I go.

I have sent $40.00 to Social Security for an Entailed Certified Copy of my work history for those 5 years. 1982 and 1983 are for the same place.

Or if you attempted to work in a harder job - and that did you in where you couldn't work at ALL - that would be an impairment.

I tried more hours and couldn't do it. This meant driving myself to work and couldn't do it. I did relief for the 4-12 shift and the night shift. I just cannot make myself drive a car. My hands will not stay on the steering wheel for I was so nervous. I knew that I was going to kill myself or someone else. I spend half of my shift worried about how I was ever going to drive myself home. I would stick a Valium Pill in my mouth to try to do it. A couple of times in the night, I did drive the car off the side of the road. It was a nightmare, I do not care to relive.

So - whatever applies - your statement could include, In 1983 I (did whatever you did to earn more money) - but this ended up (whatever it did to cause you to quit working).

Fear caused me to quit, don't know if that is an impairment or not.

From Roberson vs. Principi

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

Requiring a veteran to prove that he is 100 percent unemployable is different than requiring the veteran to prove that he cannot maintain substantially gainful employment. The use of the word “substantially” suggests an intent to impart flexibility into a determination of the veterans overall employability, whereas a requirement that the veteran prove 100 percent unemployability leaves no flexibility. While the term “substantially gainful occupation” may not set a clear numerical standard for determining TDIU, it does indicate an amount less than 100 percent.

Having concluded that proving inability to maintain “substantially gainful occupation” does not require proving 100 percent unemployability, we remand to the Court of Appeals for Veterans Claims for a determination of Roberson’s eligibility for TDIU in accordance with this opinion.

CONCLUSION

We conclude that the Court of Appeals for Veterans claims erred in holding that Roberson failed to make a claim for TDIU, and erred in applying an incorrect standard for TDIU.

Free,

I will fill out the forms and the VA can take it from there. They have already paid off my mortgage, new car and all debts. I am now waiting for my husbands retro pay.

Thanks a bunch,

Betty

Edited May 24, 2008 by Josephine

[Josephine]

here's the link Betty......

VETERAN'S APPLICATION FOR INCREASED

COMPENSATION BASED ON UNEMPLOYABILITY

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Thanks a bunch, Allen, I needed this, for my husband has ran me off a dozen copies and I have messed up each one of them.

Always,

Betty

[john999]

Betty

After you NOD this decision I think you should hire a lawyer to chase the money they owe you due to low balling you and the EED. There is a lot of money at stake. You said you had not worked since 1983. That is a hell of a long time if it is due to a SC condition.

[Josephine]

Betty

After you NOD this decision I think you should hire a lawyer to chase the money they owe you due to low balling you and the EED. There is a lot of money at stake. You said you had not worked since 1983. That is a hell of a long time if it is due to a SC condition.

John,

This is what I plan to do. I finally after 4 years, called the toll

free number and ask them about the NOD for headaches included with

the chronic anxiety.

At first Chris the guy said the claim was closed without new and

material evidence.

I ask him if he could bring up a letter held in my hands and he said

yes.

July 13, 2004

Futhermore, our records show that you filed a notice of disagreement

with the Department of Veterans Affairs (VA) decision of March 23,

2004 that denied service connection for chronic anxiety with

depression and service conection for headaches. This letter describes

what happens next.

I told him I had been to the BVA to the AMC and back to the BVA and

granted benefits for Chronic Anxiety with depression, but some one

dropped the ball on the headache NOD.

He said," There has been an error made here.

Yes, there was and it is also written in my Form-9 that no one will

address my claim for headaches.

He sent a letter straight to Huntington to adjudicate the claim and

send for my info if needed.

This time around they are going to have to acknowlege the post

medical records from 1965-1979.

All the same doctors treated me for chronic anxiety and prostrating

headaches with Demeral injections with Phenergan for vomiting ,

Darvocet and Fiorinal.

The VA granted me 10% for headaches in the NSC.

I am hoping to get that for this claim back to 1992.

Both C&P's mention these headaches also.

It is all in the records.

The R.O is processing my husbands retro pay for 1997 - 2008.

Don't know how much it will be.

If I can move that 50% up to 60% then I will have a better chance of

bringing in an earlier EED.

I will give a lawyer the papers.

Thanks,

Betty