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Tdiu


scottC

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Asking for advice or opinion. I recently was seperated from Federal Secrvice due to medical reasons. I sent the TDIU form into regional office along with employee removal letter stating for medical reasons did not pass annual physical. I sent in doctors statement which stated I could not perform my job any more due to my conditions. I meet the CFR requirements as far as percentages I am 70 total but I have a 50 for sleep apnea and 30 for asthma so those 2 are from the same etiology (respiratory system) so It would meet the CFR of at least 60. My employer helped me do the paperwork and filed for the Federal disability retirement. By the way my employer was the VA. My employer stated on the employment form 2-- something that I was removed for medical. Are my chances good and is there any time line any one else has expeienced. And one more question will it be frowned on by the VA if I collect unemployment until the retirement starts and is a pproved?

Thanks

Scott

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TDIU---I believe requires a single disability rating of at least 60% or a combined rating of 70% or more (one of which is at least 40% or higher). In addition, there is the "extra schedular" which VA Central Office can approve at most any %. You did not list your medications/treatment, which can have strong influence on TDIU. Hopefully, some of the others on Hadit who have been there/done that will pick up on this. Also, if you have not done so, go to the home page of Hadit and look for TDIU or Individual Unemployability. Again, there are some great people on board here that will chime in with information/suggestions to help you out better than I.

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  • HadIt.com Elder

Scott,

Where are you at with a federal medical retirement?

Check here for info and maybe help-

http://www.disabilityretirement.com/

You only have one year file for your federal medical retirement after separation.

Now for the VBA claims-

Do your service connected conditions prevent you from doing any kind work?

What were your duties for the VA?

How much sick time or medical leave have you taken in the last year of employment? Do you have documentation?

Have you filed for federal medical retirement?

In regard to your unemployment- how is your job searching going?

Any job any job offers?

How many applications per week have you submitted?

Why the claim for IU?

Maybe the S/C conditions are worst now, than before but are you unemployable?

Did your agency attempt to place you in anther position, that you can work?

These are all questions that a rater is will be asking him/her self when your claim is being looked at.

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The Agency is pushing my Federal disability employee retirement through. They put me out of federal service due to my medical conditions. The conditions which render me unemployable are service connected. Asthma Sleep apnea and sciatica. I have an IMO from my VA Doctor (which you never here of but they are allowed to do this for employment retirement so I submitted in in with the TDIU application. I meet the CFR Schedular requirements I lost my job due to my service connected medical conditions. I also have type 2 insulin dependent diabetes and service connected high blood pressure. The va doctor was very precise into why i could not sustain employment. I just was wondering if any one thought I should be ok or have any suggestions.

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  • HadIt.com Elder

If you were removed based soley on your SC injuries you should be ok on the IU, but realize I said Should, the VA does no always do the things it should most of the time. Just make sure your doctor is 100% on your side.

OPM will rate the retirement different from other employees as you were police, this will give you a higher annuity than a regular joe under the same situation.

Just make sure that you follow up with OPM for status after you get a Ca number, it will be a card from OPM.

I read a case last year that involved unemployment beniees, I remember the court ruled that there is no offset as the funds did not come from the same system therfore it was allowed with no penalty......I will look for that case if needed.

Also check the TSP fund, you will not pay the 10% penalty for withdrawl under OPM disability, but you will be paying taxes, but there are several ways to withdrawl to lessen the effect, you can find the info on the TSP website or call them.

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