Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
MajorPsych

Waiting For A Tdiu Decision After Deferral

Question

Hi all,

I'm looking for some more experienced eyes to look over my situation and give me some advice/observations. I'll try to be concise.

I left the service (honorably) in 2001; in 2002 I was initially granted 20% (10% Knee pain/10% Finger crush injury) retroactive to my last day of service but denied a claim for Bipolar due to being asymptomatic at that time. I was OK for about three years and then my Bipolar symptoms worsened; I sought VA psych treatment and applied for an increase in Nov. 2005 which was granted at an additional 30% (all disabilities totaling 40%).

I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months.

In September 2009 I began college. I had to drop a class due to my poor sleeping patterns, but I did manage to complete 10 credits with an A- average. I am currently enrolled for 7 credits in the Spring.

In October 2009, an increase was granted to 70% for the bipolar (with disabilities at 80% total) effectiive to the date of application (July 09), and a deferral on TDIU and it's effective date. It also said "the condition is expected to improve, and will require follow-up examinations at a later date". I had to fill out a form, and I cant remember the reg number, that aksed me to outline my past jobs and the period of time that I lost from work due to my illness. I submitted it in early October 2009.

In November, I didn't have a job so I applied for and was granted unemployment (at $1300 a month). My lawyer wasn't concerned about this; he said he would "argue those merits with the VA if he needed to".

On January 4th 2010, I'm due to touch base with my VA psychiatrist.

It's now Dec 20th, and I'm getting antsy. Due to the nature of my personality and my illness, I'm now running a hundred different scenarios in my head. My questions are these:

-How much longer till I get a decision (in the ballpark)?

-Do things look good for a TDIU determination? If so:

-When will the effective date likely be? July 2009, or January 2009 (when I was originally taken out of work)? Or earlier? Later?

-Do my unemployment payments affect this at all?

-How about going to school (I don't use VA Voc. Rehab; but I do use NY's equivalent service, VESID)

-If I do get TDIU, how long until I'll need to go back for that "reexamination"?

-How would a TDIU determination factor into my SSD claim, if at all? (I've recently hired Binder and Binder to handle that portion).

-What do I say to my psych doc in January, since I haven't seen him since August (I moved to attend school and need to reestablish)? That I'm ready to work (I'm not), or what?

I know this is alot to answer, but I'm driving myself nuts, and I'm looking to you all to help me regain my focus in this matter. I appreciate all that you do, and I'm really looking forward to your assessment of my situation. Thanks in advance.

Share this post


Link to post
Share on other sites

Recommended Posts

Welcome to Hadit. No need to figure out in advance what the VA is going to do.

Share this post


Link to post
Share on other sites

Ad

"I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months."

Would your VA psychiatrist be willing to state to the VA that you are still unemployable?

If SSA awards you for the same SC conditions -this is good evidence for the TDIU claim- and vice versa-

The "VA portion" ? you mean the lawyer is handling the TDIU claim?

Share this post


Link to post
Share on other sites

-How much longer till I get a decision (in the ballpark)?

"in the ballpark" = 12 - 48 months.

-Do things look good for a TDIU determination?

post-60-1261410720_thumb.jpg

If so:

-When will the effective date likely be? July 2009, or January 2009 (when I was originally taken out of work)? Or earlier? Later?

Chances are the earliest effective date (EED) would be

January 2009, the latest July 2009, or when the medical evidence

shows you you meet the criteria for IU.

-Do my unemployment payments affect this at all?

A to the point answer.

When you file for unemployment benefits - somewhere in the application

you have agreed that you are both ABLE and AVAILABLE for employment.

-How about going to school (I don't use VA Voc. Rehab; but I do use NY's equivalent service, VESID)

I did notice you were able to attend school on a full time basis,

both VBA and SSA will most likely notice this also.

-If I do get TDIU, how long until I'll need to go back for that "reexamination"?

If you are not granted your IU as P&T, a re-exam could be anywhere from

one to three to five years away.

The next sentence as everything else here is only my opinion

and Iam sure some opinions will differ from mine.

** VA MAY ALSO use Medical Evidence of record during your regular VAMC treatment

and progress notes.

-How would a TDIU determination factor into my SSD claim, if at all? (I've recently hired Binder and Binder to handle that portion).

SSA and VBA claims, can either help or harm one another.

VBA at 100 percent or IU is to only consider SC'd disabilities.

Most times if SSA is granted due to additional disabilities

that are not SC'd, VA will try to use the non-SC'd disabilities to

deny a claim for 100 percent or IU.

With SSA you are either totally disabled by their criteria or you are denied.

SSA does not grant SSD on partial disability - it's all or nothing at all.

I have been told by some,that Binder and Binder sucks.

-What do I say to my psych doc in January, since I haven't seen him since August (I moved to attend school and need to reestablish)? That I'm ready to work (I'm not), or what?

Tell your "psych doc" whatever they ask and what you'r concerns are.

jmho,

carlie

Share this post


Link to post
Share on other sites
"I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months."

Would your VA psychiatrist be willing to state to the VA that you are still unemployable?

If SSA awards you for the same SC conditions -this is good evidence for the TDIU claim- and vice versa-

The "VA portion" ? you mean the lawyer is handling the TDIU claim?

Yes, he's involved in the TDIU portion, as far as I know. He's planning on appealing for an eed if necessary (probably because he gets 20% of whatever back benefits he can secure for me).

Share this post


Link to post
Share on other sites

Thanks for the info. I feel like my Mother gave it to me for some reason, though....

I couldn't open up the crystal ball jpg, but I get the point.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines