tdiu Tdiu

[Angela]

Hello everyone,

I am considering applying for TDIU if my current appeal is denied but I'm not sure of the criteria or rules.

Can anyone point me in the right direction?

Angela

[carlie]

38 CFR 4.16

[david walker]

Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided, That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

I am I right on this:

You have to be 60% for one condition or 40% for one condition & combined disabilities to equal 70%.

The reason I ask is my PCP has recommended I file for SSD. My total is 40% (20% being the highest for one condition). It doesn't add up to me, how can I be qualifies for SSD and not be for VA TDIU? I agree with him I'm having a very hard time trying to work (I haven't worked a full day in 2 weeks now) but I can't take a risk of quitting my job & getting turned down for SSD. It's not all adding up. I can't figure why he thinks SS will give 100% when the VA won't.

[Testvet]

they are supposed to consider TDIU if you do not meet the 100% schedular rating but if you meet 60 or 70% or ab ove they are supposed to see if you meet the qualifications for TDIU, most of the time they don't but they are supposed to look at the maximum benefit available to you. for the person that has multiple problems none rated higher than 20% it depends on how many you have, how they affect your ability to hold and keep a job, the qualifications for SSD and for VA TDIU are 2 different animals, though I do agree with you if none of your ratings are higher than 20%, getting a SS rater to approve you will be slim to none and it will probably have to go to a SSA hearing which takes 1-2 years and you can't work while you are waiting for the hearing, so unless you have a deep pocket relative, sitting back hoping for the jusdge to see it your way, is a long shot. There are veterans that have ratings of 50% that have been able to get extra schedular ratings to qualify them for TDIU as the disability prevents them from keeping a job. There are always exceptions to policies, it's just a matter of finding the right person.

[david walker]

Thanks, you would think my PCP would know that also. I'm wondering if maybe I shouldn't try another VA clinic. I feel like he thinks I'm just trying to get medication. If I wanted to get high I'd go the liqour store, I haven't had a drink in over 6 years. I don't know if he has my best interest at heart or just wants me off his back.

[Angela]

David,

Apply for SSD asap. Like VA, the clock starts the month you apply regardless of how long it takes you get rated as long as you don't let the matter drop. I helped my father get SSD several years ago. He started out with absolutely NO medical records. SS sent him for one exam, then denied him. We appealed (and took him to several doctors to get his condition documented) and had to go before a judge. He was awarded just over a year after applying. Of course, he had to wait several months after the hearing to get the decision paperwork, and then a couple of months more before receiving his back pay, but if you persist, I believe you have a better chance with SS than with VA.

Best of luck!

[Angela]

Another TDIU question.

When I was first awarded SC I had just retired. I received 80% combined, 60 % for one condition. That was three years ago. I recently requested reevaluation of the original rating, citing CUE in assigning less than 100 % for the most serious condition.

My question is, will the VA consider TDIU now if they don't grant 100 % schedular?

Also, I didn't mention in my CUE request that I haven't worked for the past 3 years. Should I have?