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Should I File For Tdiu, Or Wait?

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Bill (USAF Retired)

Asked by Bill (USAF Retired),

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Bill (USAF Retired) Enthusiast

Bill (USAF Retired)

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Just trying to get a feel for this for those who have been there and done that.

I was rated 70% at retirement, 30% for major depressive disorder.

When my depression worsened, I filed for and received an increase: 80% overall, 50% for PTSD/depression, and lots and lots of therapy. That included a brief inpatient stay with the VA (some of it involuntary).

My work position requires focus and memory that I simply don't have anymore. I've gone from one medication to five. I forget appointments and tasks, and I'm missing key details in work-related matters. My boss wants a level of performance I simply can't give. I was always that guy who didn't have to take notes and still nailed the test, so this is a real kick in the self worth.

The one bright spot in all of this is that I have a federal job, and it takes them a while to fire someone. They're working on it, though. My VA doc issued a recommendation that I be absent from work for 30 days so the stress level at work is out of the picture and I can focus on therapy. I'm on leave without pay right now, and will probably be served in the next two weeks with a "proposal to remove" me from my job. If I were a betting man, I'd say I'll be canned before I return to duty. I don't want to resign and thereby prejudice a TDIU claim.

Question: Should I file for TDIU at this time, or wait until they actually fire me? Are there any risks/benefits of which I should be aware?

Sorry if there was TMI here or if I rambled. Thanks.

Bill

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pacmanx1 Grand Master

pacmanx1

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Is it possible that you can retire from you federal job?

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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broncovet Grand Master

broncovet

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You wont get TDIU if you are working...even if you think you shouldnt be. You can try, of course, but you will have a better chance at winning the lottery. You not only have to be not working to get TDIU, but you will have to be NOT working for a while....the VA is going to want to make sure you cant get "substantial gainfull employment". SGE is pretty much defined as not earning over the pension level, which is about 12k per year, depending on dependents. By definition, if you are working for the government and earning more than 12k per year, you are not eligible for TDIU.

You could ask for a %increase..and maybe get that, but TDIU isnt happening while you are working, under any circumstances. TDIU is specifically for people who cant and are not working. Sorry.JMHO

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john999 Grand Master

john999

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Put in for disability retirement from your federal job. It is easy to get. This shoul help some with IU. I think you have to put in for SSD at the same time. That is what I did back in 2001.

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jbasser Grand Master

jbasser

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If you h ave 5 years of service you can go out on a disability retirement.

It happens every day to someone.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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