tdiu Step By Step

[maset22]

My case with SSA. Will come to a successfully determination next week, Thanks be to God. It's has been over two and a half years from when I first apply for SSDI, until the ALJ next week. My Question in advance; Can my individual spinal non service disability and; My forty percent service connected disability have a shot for TDIU?

Non-Factors

Although the focus is on the unique characteristics of veteran's situation, things which would seem reasonable to be considered are expressly not considered. These include the veteran's age, whether elderly or youthful, as well as the veteran's non-service connected disabilities.

Obviously a veteran's age and his non-service connected disabilities impact his ability to have "substantial gainful occupation". However, the VA will not consider such in its determination and the veteran's advocate must be able to compartmentalize veteran's medical conditions in order to persuade the VA of veteran's entitlement to TDIU. The VA, in fact, will have expressly to explain in its decision a differentiation between the service-connected and non-service connected disabilities

[LarryJ]

No.

You've just posted the answer.

[carlie]

Although the focus is on the unique characteristics of veteran's situation, things which would seem reasonable to be considered are expressly not considered. These include the veteran's age, whether elderly or youthful, as well as the veteran's non-service connected disabilities.

Obviously a veteran's age and his non-service connected disabilities impact his ability to have "substantial gainful occupation". However, the VA will not consider such in its determination and the veteran's advocate must be able to compartmentalize veteran's medical conditions in order to persuade the VA of veteran's entitlement to TDIU.

The VA, in fact, will have expressly to explain in its decision a differentiation between the service-connected and non-service connected disabilities

maset,

I have no idea where you got the mumbo-jumbo above

and perhaps I am totally misunderstanding the post

BUT

the VBA will completely consider any and every disability

that the veteran is NOT SC'd FOR, in the

REASONS AND BASES SECTION of a DENIAL for IU.

Which basically means, any disabling conditions that SSA

uses to grant your claim - if those same conditions

ARE NOT SC'd - VBA will use those which are not SC'd to help

support their denial of the veterans claim for IU.

jmho,

carlie

[maset22]

Thanks much, I thought I had something to hang on to. " The veteran's advocate must be able to compartmentalize veteran's medical conditions in order to persuade the VA of veteran's entitlement to TDIU"

[carlie]

Thanks much, I thought I had something to hang on to. " The veteran's advocate must be able to compartmentalize veteran's medical conditions in order to persuade the VA of veteran's entitlement to TDIU"

maset,

Hey man, don't let go at all - I'm just sharing VA fact's with you.

Chances are if you get your VA SC'd percentage up the ladder a bit

more your chances for IU will be much better.

See the VA is not going to "compartmentalize" any of your known

medical evidence. If something is there that will help them

deny a benefit - they will definetly use it.

But hang in there and do not give up - you will probably know

your claim better than anyone - to include a service officer.

jmho,

carlie

[maset22]

Thanks Carlie, you just put a smile on my face. We will keep the good fight.

[john999]

Any evidence you submit to the VA for IU that includes NSC disabilites is lethal to your claim. I know this from experience. I was at 70% and on SSD for SC condition. I asked for IU and somewhere in my three IMO's a doctor mentioned a NSC problem I had. This was the basis for a denial by the VA. I had to spend more money to get a new IMO to explain that the reason I was unable to work was solely due to the SC condition. Time and money wasted. I got IU, but it took an extra year to get there. If you SSD is partly due to NSC condition I would not submit that as evidence.