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File For Tdiu While Working?


nlualum82
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I saw my Vet Ctr. Counselor last week, and he may be more adamant than I am that I should no longer be working - that work being at the post office.

I am afraid to "free fall", but he keeps telling me I can file while I am still working. I keep telling him that I have seen that question answered on here before a few times - can't be done!

Just took 2 days sick leave. I was facing about the three worst things our office has to offer and they fell on the same couple of days! I was near panic attack, but my worst symptom was the fire from my developping ulcer, which I treated with Zantac 160 (resulting in major squirts).

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I'm far from an expert....but....I would believe that no, you can't file while working as that defeats the purpose...and two, you should get a doc or docs to back you up on this. Going into filing for TDIU with the support of a doc could be a scary thing.

Best of luck...

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Nlualum,How long have you been with the postal service?I am a former postal worker(letter carrier)i worked for 35 years and i really couldn't afford to retire but my ptsd symptoms got so bad i couldn't take it anymore and i retired early than intended.If you work for the postal service for five or more years,you can get a disability from the postal service.Remember unemployability is about being unemployable due to your military disabilities.

mobie

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Hello, sure hope your counselor gave you a statement to the fact that you shouldnt be working. Or if there is statement in your VA medical files even better. Working while applying doesnt seem 'bad' or exactly 'wrong' but IU does mean 'unemployable due to your military disabilities'. That needs confirmed by a VA Dr., C&P examiner, or private IMO. If you cant work, you can't.

Sure wish ya the best,

CG'no expert here either

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  • HadIt.com Elder

Num,

The first thing you need to do is tell the counsler your fears of just leaving, and if he could help you get all your info, including doctors to fill out the OPM DR papers all with reasons related to your SC injuries( Including a IU completed form, and SSDI papers) then you should go for it, just make sure you have ALL of the info ready before you take the PO the no more work letter.

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Hey All, Actually title 38 part 4.16 speaks about marginal employment. "Marginal employment shall not be considered substantially gainful employment. For the purposes of this section,marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the US Department of Commerce, Bureau of the Census, as the poverty threshold for one person". However I would never test this since the Va has been getting very rigid in awarding iu lately.

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