tdiu Ssdi Not Just For Sc Problems; Does It Kill Tdiu Hopes?

[acesup]

I got SSDI awarded in 2004. Now I'm filing for TDIU. But...

The SSDI is for my SC diability AND some non-SC issues.

Will VA use the non-SC stuff to just deny my TDIU, or are they supposed to give benefit of doubt, in that the SC disability is the major problem that put me out of work?

[Philip Rogers]

Generally they will pick up on any NSC issues to avoid paying and I would plan on that. You'll probably need to counter, their denial, w/evidence that your SC disability causes you TDIU, in and of itself. They always look for a way not to pay and other NSC disabilities are a perfect way to avoid payment. Then they hope you give up.

pr

I got SSDI awarded in 2004. Now I'm filing for TDIU. But...

The SSDI is for my SC diability AND some non-SC issues.

Will VA use the non-SC stuff to just deny my TDIU, or are they supposed to give benefit of doubt, in that the SC disability is the major problem that put me out of work?

[raytaylor]

it helped me ,i had 6 issues 2 sc but you have toohave sc be the worst,good luck.

[Philip Rogers]

The VA cannot take into consideration any NSC disabilities unless the claimant is applying for NSC pension. They generally will always request they be separated so as to determine whether the SC condition(s) are the cause the of the TDIU. If they did consider the NSC disabilities, I'd worry about the VA calling a CUE on themselves and facing a probable reduction, at some future date.

pr

it helped me ,i had 6 issues 2 sc but you have toohave sc be the worst,good luck.

[john999]

Any medical record you give them that includes NSC issues presents a problem for you. Not just SSD records, but any records. When you apply for IU the VA will scan your NSC conditions and often come to the conclusion that these are the real reasons you can't work. It happened to me. I had to go back and get another medical opinion to clarify that the SC conditions were the ones that kept me from working. Money and time!

[VetsLady]

aceup...

SSDI is 100% disabled or 0% disabled.

If your sc disabilities are a chunk of the pie for your SSDI claim and you meet all the

TDIU rules, I'd go for it. If you don't try you'll have a 100% chance of not getting it.

If you do, your chances are at least 50/50.

Those nsc issues are a snag in the line.

As an example, my husband filed a claim with VA in '02, received sc in '08 at 70%

Filed for SSDI because he could no longer perform and never would be able to again the

job he is trained to do and, due to nsc disabilities (currently on appeal, not yet sc),

he filed for SSDI. They saw him at 100% disabled 1st go around. When the decision

came back from VA on the TDIU, they denied. Why? Because part of the reason he is

no longer able to work is because of the issue on appeal but....it it's not sc yet.

If he does end up getting it sc, then we could refile...but, my hunch is that if he were sc

for it it, it would pull him over the 100% mark anyway and TDIU would be a moot subject

as he medically is permanently and totally disabled.

Definetly get those quacking ducks in a row and if you meet the criteria, file.

Edited December 13, 2009 by VetsLady