tdiu Tdiu Processing Timeline?

[Bill (USAF Retired)]

Are TDIU claims accorded any sort of higher priority in processing, or are they subjected to the same hurry-up-and-wait line as a regular C&P claim? I'm 80% SC and recently had to resign a job (I couldn't fight anymore and let them hound me out the door; my health and sanity took precedence) due to one of my rated conditions.

[Berta]

They are not high priority at all but in my opinion- they can be easier to rate and award than many claims.

I only base this on when I helped a NSC vet get TDIU in 4 months.

Long story- his private psychiatric records did the trick.

I wondered why his claim went so fast and developed a theory-

Many TDIU claims have notice of a SSA award already that the vet obtained for same SC conditions.This is excellent evidence for TDIU although it takes a few months for VA to get the SSA records.

Also some vets are deemed un Voc rehabable by VA Voc Rehab due to their SC disabilities-obvious evidence of TDIU.

Some vets list multiple disabilities that then all have to be separated assessed , C & Ped, and then rated and adjudicated whereas a TDIU claim involves the veteran's employer's history and information that is assessed with the clinical record.

The above vet I mentioned had none of these situations-SSA =Voc Rehab denial---- just diagnosis and strong medical evidence from his private shrink.Plus

I think he already had proof of his stressor or had the CIB on his DD 214 too-I forget-

With 80% now- why did they deny TDIU when they rated you? I think you were working at that time?

If you are unemployed now and they have the formal 21-8940 they should award you TDIU-

should- one can never determine what the VA will do-

and with close to one millions claims in the system- and growing everyday- everyone must make sure they obtain and send VA every bit of evidence they have and ASAP.

[john999]

Bill

Just be sure any information about your TDIU is solely based on your SC disabilites. If their is one shred on NSC medical reason why you might be unemployable the VA will latch onto that to deny your IU. Say you have severe PTSD but also have some minor NSC back problems. If the VA gets wind of the back thing they will often try to say that is the real reason you can't work. It happened to me. I was 70% and on SSD, but one of my medical reports mentioned a NSC thing and that was all the VA needed to deny me the first time I asked for TDIU.

[dav_marine72]

I got TDIU in six months. However it was sort of the right timing for my case. I had a L3-S1 back surgery in March that failed. We asked for TDIU in May because the company I worked for expected me back within 8-10 weeks and because I couldn't come back they fired me. Now I am 80% with 40% back, 10% lower extremity 2nd to back, and mental 50% 2nd to back. I have other service connections including 30% for asthma but the 3 above are the main disabling. In my case even though I can't work solely because of my back and nerve issues, can't sit, stand, or walk very long. I believe the main reason I got TDIU the first time around was mental. I had just received a 50% increase for my mental. When you file for TDIU they schedule a general exam and look at all your medical issues. This is where John999's post comes in. They look at everything and if there is a medical problem that is not SC they will try to use that againist your claim. In my case I have 10 service connections and have no medical problems that aren't SC. So when they did the general medical they found some issues with my back but said all the instability, legs, nerve issues were subjective because they give you the quick neurological exam that I never fail. Then they had to schedule a mental exam because the nurse practitioner giving me the mental exam was not qualified to give it. When I saw the mental examiner I asked him to comment on my work status. He stated that it was not more likely than not that that my mental condition as a whole was making me unemployable but when combined with my back condition it was a significant impairment for me. They used this in the TDIU rating. I think if that wasn't in there and my back combined wasn't combined with my mental they would not have given me TDIU. I of course had the letter stating I was fired for not returning to work because of back. I also assume my prior employer told them about all the time I missed from work due to SC because they quoted this.

If you want to post more about your condition someone may be able to help out or give advice. Thanks.

[Philip Rogers]

If the evidence is clearly there, I'd say it can take anywhere from 6 wks to 2yrs. They don't give it any priorty, that I'm aware of. Sorry!

pr

Are TDIU claims accorded any sort of higher priority in processing, or are they subjected to the same hurry-up-and-wait line as a regular C&P claim? I'm 80% SC and recently had to resign a job (I couldn't fight anymore and let them hound me out the door; my health and sanity took precedence) due to one of my rated conditions.

[Pete53]

Lately there have been a lot of questions about how long something takes the VA and if fact no one can tell you anything but a guess or what happened to them.

My guess is that VARO's are slipping in easy ones to show more production.

In Waco Texas a new claim usually has a decision in 6 months to a year. An increase usually in months. Appeals take years. I have wondered out loud if it would be better to ask for an increase as opposed to asking for a reconsideration?

I have always felt that if you can do it local is better but they deny to much.

BVA is years and if BVA sends to AMC more years. Its a sorry system but its better to know the truth.

I would like to see a poll again on Hadit about how long Claim takes and where decided finally.

[broncovet]

Your claim will take EXACTLY how long your RO "Wants" it to take. There are 57 Regional Offices and they have employees and managers that vary widely in both their competence level, and their general opinion of Veterans. While there is some legislation that requires TDIU be given expidited processing, again, it is the RO who frankly decides if they are going to comply with the Regulations or not. There is a penalty if the RO does not comply with regulations, but that penalty is ALWAYS paid by the Veteran, usually with delays and sometimes those delays can be 10 years or more. For some Veterans the RO delays are PERMANENT, that is, the VA does not get the Veterans paperwork done until the Veteran dies. Then, the Veteran's heirs get ZERO, and, once again the VA has "delayed until death" and the VA has financial incentive to do just that.

Virtually no employee in the world would be expected to put up with a 10 year delay on his/her paycheck, but for Vets compensation a 10 year delay happens often enough that the VA had special regulations for it, WHEN it did happen, and those special regulations are not in the Veterans favor. (I do not beleive there are any such regulations for paying a civilian or government worker 10 years after it is due, because those employees would have gotten mad and quit years ago) Instead, when a Vets claim involved 8 years or more of retro, his claim had to go through many extra steps, for even more delay to "ensure accuracy". (Apparently 8 years was not a long enough period of time to accurately calculate the amount due to the Veteran, so "special steps" are taken) Fortunately, however, a recent court decision says the Va can no longer put Veterans who are entitled to $250,000 retro through the ringer again.

I personally think that the "no time limit" for the VA is out and out criminal, and is repeatedly abused by the VA, with the Veteran Always paying the penalty, often with homelessness.

If I went to work for a guy and he took as long to pay me as the VA does its Veterans, I would go to the Department of Labor and they would garnish his bank accounts to pay me. It is just one example of how our government actually treats its Veterans who made this country great worse than civilians.

Edited November 7, 2009 by broncovet