tdiu Tdiu During Appeal, Berta And Others

[mags1023]

I am currently waiting for the BVA to act on my appeal for service connection for thoracolumbar spine and an increase for my major depressive disorder currently rated at a joking 10%. As you can see, I am currently at 80% with my major condition being bi-lateral carpal tunnel syndrome at 30 for right and 20 for left. I am working now, but my depression is getting worse and my ability to perform my job is declining. I use an excessive amount of sick leave every year. I am planning on approaching my VA psych about signing a letter stating I cannot continue to work.

Sorry to be long winded, my question is: can I add a request for TDIU to my BVA appeal case or should I submit a separate request to the region for TDIU. I am planning to start my paperwork for SSDI at the same time. Any suggestions on what you think my process should be are appreciated.

Thanks in advance for your assistance.

[Philip Rogers]

I believe you can add your TDIU claim to your BVA issue but you need to send it directly to them and you must waive it being rated by the agency of orginal claim (ie: your local RO). Getting a statement from your shrink stating that "you can't work" would be favorable evidence. If you are taking excess sick leave you should gather evidence of that to submit w/your TDIU claim. I helped a friend w/his claim and w/his excess absences we were able to get his TDIU effective beginning the day after he medically retired.

pr