tdiu Thoughts About What This Means For Tdiu

[nono50]

I received my updated rating today and was rated at 80%. I had also applied for unemployability at the same time and was denied because the VA said I never returned a form, which I never received. Should I appeal and send this form with the appeal. Below is what they sent me. I am I reading this correctly?

1. The claim for entitlements to individual unemployability is denied. We based our decision upon reveiw of available evidence. In our letters dated June 12,2009, we explained what evidence would be requiredto grant entitlement to this benefit. We asked you to complete a VA form 21-8940. As of this date,we have not received the required form from you.
   

I have been out of work since May because of Degenative Disk Disease and have been too 2 differant VA hospitals and a neurosurjin and 2 back specialists, also physical therapy and epidorals all 3 of them. Va used all of this to take me from 10% to 20% on my back and gave me a new rating on radiculopathy, lower left extremity 0% that I did not have before. What are opions? I was planing to appeal and send in the va form along with Doctors restriction notes that they had been sending in to my disability insurance company, can not sit or stand for pro long time.

Please advise.

Scott

[Berta]

They must have receipt of the TDIU 21-8940 form in order to consider you for TDIU.

I would send it in right away if I were you and under the Remarks section,refer to and attach a separate page with your C file # etc and tell them any other info they need to know-such as sideaffects of your SC meds that hinder employment and also refer them to any additional medical evidence

[nono50]

Thanks Berta. I am going to do that tomorrow with my local rep.

[darkhorse]

Congratulations on the updated rating. Sorry to hear about your denial for IU but should be straightened out after you submit that form. Like Berta said, do it Monday to get the ball rolling on this if that's all they need.

dh

Thanks Berta. I am going to do that tomorrow with my local rep.

[carlie]

nono50,

Welcome to Hadit.

Yes, by all means get a copy of that form to your RO and be sure to

get a date stamped copy if submitted in person or RRR if sent by certified mail.

If you live close to your RO I always suggest submit everything in person.

Another route you maybe able to use for EED (as an inferred or informal claim)

if the IU get's granted,

is if any of you medical evidence of record, shows a statement from

any of your doctor's relating that you are unemployable due to service

connected conditions.

This is just food for thought for your consideration.

Example:

The issue

of entitlement to a total disability rating for compensation

purposes based on individual unemployability due to service

connected disabilities was raised as an inferred claim and

referred to the RO in XXXXX, XXXXX, and XXXXX.

§ 3.157 Report of examination or hospitalization as claim for increase or to reopen.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....66&idno=38

(a) General.

Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report.

(Authority: 38 U.S.C. 5110(a))

(b) Claim.

Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.

(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services.

The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

(Authority: 38 U.S.C. 501)

(2) Evidence from a private physician or layman.

The date of receipt of such evidence will be accepted when the evidence furnished by or in behalf of the claimant is within the competence of the physician or lay person and shows the reasonable probability of entitlement to benefits.

Hope this helps a vet.

carlie

[nono50]

Thanks for all the info. Today I submitted the form and the last 5 months of the dr's recommendations saying not to return to work and my restrictions. Which was I could not sit for long periods or stand for long periods. These was the same forms sent to my disability Insurance company for my short term disiability,which converts to long term next month.My rep said that he recommend we send this in asking for reconsideration not a appeal. Said should be about 3 months. Going back to neurasurgin Thurs. back does not like the cold at all. I wonder if I will have to do a exam again?

Scott

[john999]

I would see a psychiatrist to try and advance a claim for depression and chronic pain. If you can bump up any of your claims to at least 40% and 60% overall the VA will have a hard time denying your IU claim. When you can't sit down and you can't stand up due to pain that would depress anyone. How is your sleep? Remember that these chronic pain conditions usually go hand in hand with some level of depression. You make that a secondary claim to your SC'ed back condition. You might get more for that than for the back.