tdiu Tdiu Any Advice ?

[M_Cates]

Hi, A little background on me and my claim. I am 80% with the VA. I have had a partial right foot amputation and have been on 100% Temp. for 3 years with a 1 month break in each years. Myself and my VSO have been working with the state side of claims with my claim. Back in Feb.2010 the reginonal office sent word to my VSO to have me complete the IU paperwork and submit the claim (this was the RO idea ). I have already completed the C&P exam and my regional office has got the C&P report back and is evaluating it. Today I went to the B'ham VAMC and got a copy of my medical records and it had my C&P exam in it. I reviewed the C&P exam and this was a Gen. Med exam for unemployability and the Doctors exact words on the exam summary is "Due to this condition, Veteran is fully unemployable for Physical or Sedentary Labor ". That would seem like i should get it based of her report from the C&P exam but my question is , I am only rated on 30% for the RSD disability and 70% on another disability , They have not even rated the amputation as of yet. Can they still give me IU on a 30% disability even if the doctors and the C&P examiner say it is 100% disabling me and I cant work ? I am confused here and not sure what to expect, This IU claim was advised to me by my RG. Office. I am in Alabama

[*Bergie*]

Hi, A little background on me and my claim. I am 80% with the VA. I have had a partial right foot amputation and have been on 100% Temp. for 3 years with a 1 month break in each years. Myself and my VSO have been working with the state side of claims with my claim. Back in Feb.2010 the reginonal office sent word to my VSO to have me complete the IU paperwork and submit the claim (this was the RO idea ). I have already completed the C&P exam and my regional office has got the C&P report back and is evaluating it. Today I went to the B'ham VAMC and got a copy of my medical records and it had my C&P exam in it. I reviewed the C&P exam and this was a Gen. Med exam for unemployability and the Doctors exact words on the exam summary is "Due to this condition, Veteran is fully unemployable for Physical or Sedentary Labor ". That would seem like i should get it based of her report from the C&P exam but my question is , I am only rated on 30% for the RSD disability and 70% on another disability , They have not even rated the amputation as of yet. Can they still give me IU on a 30% disability even if the doctors and the C&P examiner say it is 100% disabling me and I cant work ? I am confused here and not sure what to expect, This IU claim was advised to me by my RG. Office. I am in Alabama

Welcome to Hadit, this is the requirement for IU.

Hope it helps you understand,

Bergie

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501) (B) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan.

[carlie]

Hi, A little background on me and my claim. I am 80% with the VA. I have had a partial right foot amputation and have been on 100% Temp. for 3 years with a 1 month break in each years.

Welcome to Hadit.

What is the breakdown of reasons for you 80 % VA disability ?

Myself and my VSO have been working with the state side of claims with my claim.

What do you mean, "the state side of claims with my claim" ?

Back in Feb.2010 the reginonal office sent word to my VSO to have me complete the IU paperwork and submit the claim (this was the RO idea ). I have already completed the C&P exam and my regional office has got the C&P report back and is evaluating it. Today I went to the B'ham VAMC and got a copy of my medical records and it had my C&P exam in it. I reviewed the C&P exam and this was a Gen. Med exam for unemployability and the Doctors exact words on the exam summary is "Due to this condition, Veteran is fully unemployable for Physical or Sedentary Labor ".

What disability is the C&P examiner referring to ?

That would seem like i should get it based of her report from the C&P exam but my question is , I am only rated on 30% for the RSD disability and 70% on another disability ,

What is RSD and what is the disability that is currently rated at 70 percent ?

They have not even rated the amputation as of yet.

Was the amputation due to or secondary to a currently SC'd disability ?

Can they still give me IU on a 30% disability even if the doctors and the C&P examiner say it is 100% disabling me and I cant work ? I am confused here and not sure what to expect, This IU claim was advised to me by my RG. Office. I am in Alabama

Your SC'd percentages do meet the criteria for IU.

[Philip Rogers]

By RSD disability do you mean Reflex Sympathetic Dystrophy??? If so, depending on how bad it is, I would think you'd be rated 100%, just on that. jmo

pr

Hi, A little background on me and my claim. I am 80% with the VA. I have had a partial right foot amputation and have been on 100% Temp. for 3 years with a 1 month break in each years. Myself and my VSO have been working with the state side of claims with my claim. Back in Feb.2010 the reginonal office sent word to my VSO to have me complete the IU paperwork and submit the claim (this was the RO idea ). I have already completed the C&P exam and my regional office has got the C&P report back and is evaluating it. Today I went to the B'ham VAMC and got a copy of my medical records and it had my C&P exam in it. I reviewed the C&P exam and this was a Gen. Med exam for unemployability and the Doctors exact words on the exam summary is "Due to this condition, Veteran is fully unemployable for Physical or Sedentary Labor ". That would seem like i should get it based of her report from the C&P exam but my question is , I am only rated on 30% for the RSD disability and 70% on another disability , They have not even rated the amputation as of yet. Can they still give me IU on a 30% disability even if the doctors and the C&P examiner say it is 100% disabling me and I cant work ? I am confused here and not sure what to expect, This IU claim was advised to me by my RG. Office. I am in Alabama

[Berta]

Your SC rating does not determine IU-the medical evidence does.

VA wont consider TDIU until they get a formal 21-8940 TDIU application.

They will use the date of the TDIU app for retro unless you appeal it and some vets might get a more favorable retro.

But I assume you are still getting the temp 100% ? so that would make any other EED for retro a moot issue.

You might also be eligible for SMC Special Monthly Compensation.38 USC 1114 since the amputation has not been rated yet.

[M_Cates]

Hi and Thanks to everyone for replying. I got a call this morning from my VARO and was told they have rated more disabilities and I will be getting a letter anyday now. I was told my my VARO that I will be getting to IU and its just waiting to be authorized , it was rated yesterday. I am not sure till I get the letter what they rated each disability becuase I have been on 100% Temp. and havent noticed the change. I was told by claims that I had been taken care of and not to worry. Mongomery has been really good to me as well as the Alabama VA. Not sure about other states but as far as Alabama goes , I think I have become a pro at the claims process here and how it works as well as how to get around certain procedures. I was lucky to have a Great VSO that was actually concerned about me and my family.

I will update on the ratings as soon as my brown envelope arrrives , heres what I know for certain :

Anxitey/ Depression : 70%

Muscle Wasting right Leg : 30%

Amputation Temp : 100% Temp. Rating

(Permant ) Amputation : ?

Reflex Sympethetic Dystrophy Class II : ?

I have copies of all my C&P Exams and they are all favorable to my claims for increase.

[M_Cates]

Hi , To follow up with my claim , I got my award letter last month and they dropped my IU claim and granted me 100% total and Permanant, We now have our ID cards and my family is Champva insured. I have no future exams set up. My battle with th VA is finally over.