tdiu Sc Increase Vs Tdiu

[navydoc2]

I hope this makes sense. I was rated 10 percent for left knee patellofemoral chondromylacia and 30 percent depression secondary to knee condition, this was in 07. I recently applied for increased rating of depression and bilateral hearing loss with tinnitis. I went to my QTC exams and also filled out the paperwork they sent me and returned it. Now a few weeks ago I received another pile of papers to fill out talking about individual unemployability. My question is what in tdui and does this take the place of my increased rating request or do they go together. I've tried to talk to my RSO about it but can't get through to him I know they are busy, so I thought I would ask for help here. thanks in advance.

[navydoc2]

navydoc2,

Under certain conditions, if a veteran is rated at less than

100 % schedular SC'd and if VA decide you have the right evidence,

meet the requirements - and the decision maker promulgates a correct

decision, then even though the veteran is rated at XX% OR increased to

say 60, 70 or 80 % - then the VA will compensate the veteran at the 100% rate.

If that happens for you --- then you will want to learn about a thing called P&T.

jmho,

carlie

thank you Carlie, I will look into that. Does that mean I would have to stop voc rehab which i'm due to start next month provided I'm still stable on my meds and my doc give the go ahead to my counselor.

[carlie]

navydoc2,

If I were scheduled to start voc-rehab, I would do just so.

If it works out --- good for you.

If it doesn't work out due to your service connected disabilities,

voc-rehab providing evidence to that effect would be helpful for an IU claim.

BTW - when you want to bring in a new topic such as voc-rehab

please start a new thread.

jmho,

carlie

[navydoc2]

navydoc2,

If I were scheduled to start voc-rehab, I would do just so.

If it works out --- good for you.

If it doesn't work out due to your service connected disabilities,

voc-rehab providing evidence to that effect would be helpful for an IU claim.

BTW - when you want to bring in a new topic such as voc-rehab

please start a new thread.

jmho,

carlie

Oops! sorry won't happen again. So as I'm understanding it you are saying that even though my claim was not put in for increased s/c disability until late Feb. The rater may grand 100% schedular back to when I was unemployed and then increase my rating to whatever XX%?

[Pete53]

You should apply for Social Security Disability today. Go to their web site and apply. For most Social Security is a lot easier than our beloved VA.

Like it or not you have not worked for almost 1 year and many make the mistake of waiting to long to apply for Social Security.

Good Luck to you.

Depression can be a real bitch and most medications don't make you well they just enable you to maintain a level emotional state.

Sorry to be blunt but I went through it myself. Even if VA and Social Security just pay for awhile till you get back on your feet you earned the benefits just like the rest of us.

[navydoc2]

You should apply for Social Security Disability today. Go to their web site and apply. For most Social Security is a lot easier than our beloved VA.

Like it or not you have not worked for almost 1 year and many make the mistake of waiting to long to apply for Social Security.

Good Luck to you.

Depression can be a real bitch and most medications don't make you well they just enable you to maintain a level emotional state.

Sorry to be blunt but I went through it myself. Even if VA and Social Security just pay for awhile till you get back on your feet you earned the benefits just like the rest of us.

No worries I like blunt. will filing for ssi affect my claim with va or vice versa don't want to get caught between two government agencies and slip through crack. thanks

[carlie]

Oops! sorry won't happen again. So as I'm understanding it you are saying that even though my claim was not put in for increased s/c disability until late Feb. The rater may grand 100% schedular back to when I was unemployed and then increase my rating to whatever XX%?

NOOOOOOOOOOOOOOOOOOOOOOO,

I'm saying that if the decision maker continues your % level at what it is

OR

increases it to anything less than 100% schedular,

then you can try to get TDIU.

TDIU is being paid at the 100% rate even though you are not at a 100% percentage.

Check out Hadit's homepage some, tons of great info there.

Good research at these two links.

38 CFR Part 3 - Adjudication

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

38 CFR Part 4 - Schedule of Ratings

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Best I can do for now.

carlie