tdiu Anyone Who Had Sucess With 4.16B Please Post

[mobie16r]

Anyone who have been sucessful in being granted Individual unemployability under 4.16B Extra scheduler, please post under this topic,it could be helpful to someone.

mobie16r

[celli]

I posted many questions in the past year or so regarding my claims and medical issues. I was fired from my full time job May 2009. At that time I was going to the VA for psych care for severe anxiety and was diagnosed with ptsd / mst. To make a long story short, I went to my local veteran's rep and he filled out the paperwork requesting IU. At the time I didn't understand what that meant, I only knew that I had a very hard time with people, being around people, inability to multitask without freaking out and my ability to cope with the most minor of things had affected my life (marriage ended in divorce, couldnt keep a job, lost friends, gained weight ,lost weight, OD). I was denied but upon reading the letter I realized they made a mistake and not only had a vietnam veteran's information in my cfile but they noted wrong information from my C&P exam. With help from my trusty vet rep he filed an appeal and noted the wrong information stated in my letter as well as someone else's notes in my cfile. I was told that it would be about a year to hear something and my file was being with the DRO. Being a single mom with a 5 yr old a mortgage I contacted my Congressman Wolf, Virginia, and his office called me immediately (within the hour of my sending an email). The woman who called worked for him and wanted more information about my case so I talked to her for quite some time that evening. She wanted me to gather all the information that had already been sent to the VA for appeal as well as anything else that may help including letters from my family and my best friend who has known me since I was in 7 yrs old. It only took about a month to hear something from the VA. Actually, I called on afternoon (the 1800 number) and the gentlemen on the phone told me a decision was made). I asked if he could tell me what it was and he said he couldnt and he was sorry. I asked if he would tell me what my rating was and he told me "you are currently rated 70% with IU" and I burst into tears. I could tell that the gentlemen on the phone was glad he was able to tell me only because I asked. I received my first full IU payment June 1, 2010 and I have mixed feelings about it. It's weird being unable to work because my anxiety is so bad but I started volunteering working with animals (I am better with animals than people) and it's been my therapy. So in my case asking my Congressman to help did make a difference. God Bless America! I pray for those seeking similar assistance that they receive what they need and deserve.

[Pete53]

Celli:

What a wonderful post and congratulations and you have a very good VSO. Many of us went thriugh a hard time adjusting to fact that we could not work. The subject actually comes up on Hadit quite often and can lead to some lively exchanges.

You are making a lot of smart moves and animals have been a key to my having any sanity at all. ASs I type I have a beautiful white golden retriever laying next to me. She follows me wherever I go even likes to try and get in shower when I take a bath.

The only thing I think is missing on your post is do you have Social Security Disability and if you don't please apply for it immediately.

Pete

[Philip Rogers]

I helped a claimant win using 4.16(b), via the CO. Instead of awarding based on extra-schedular the CO decided to increase his rating, for scarring, to meet the requirements of 4.16(a) and awarded him TDIU retroactive for 3 yrs. He should have gotten about 15 yrs retro but he decided not to pursue it. I've assisted w/2 others quoting the extra-schedular rule and both were increased to meet 4.16(a) and then awarded TDIU.

pr

Anyone who have been sucessful in being granted Individual unemployability under 4.16B Extra scheduler, please post under this topic,it could be helpful to someone.

mobie16r

Edited June 21, 2010 by Philip Rogers

[john999]

Phil

That is exactly right. The VA increases the disability rating to meed 4.16a if you can show you are IU even if your rating was 10% when you filed for IU. The VA seems to want to do anything to avoid awarding a IU claim just on part b. I think this is because that would include many vets who are on SSD or under employed with ratings below what 4.16a calls for now. It is just part of the game. The main thing is that an unemployable vet gets his/her IU.

[celli]

Celli:

What a wonderful post and congratulations and you have a very good VSO. Many of us went thriugh a hard time adjusting to fact that we could not work. The subject actually comes up on Hadit quite often and can lead to some lively exchanges.

You are making a lot of smart moves and animals have been a key to my having any sanity at all. ASs I type I have a beautiful white golden retriever laying next to me. She follows me wherever I go even likes to try and get in shower when I take a bath.

The only thing I think is missing on your post is do you have Social Security Disability and if you don't please apply for it immediately.

Pete

Thank you Pete for all you do to help people like me and give us a place to come and vent, share info and get info. Ok, I have not applied for SS benefits and I wasn't sure if I should, if I qualify and honestly, I feel really weird doing so. I have my SS statement in front of me and it states I have to have enough points to receive disability. I'm sure I do since I've been working since I was 16. How do I apply?

[Pete53]

Apply for Social Security Online

Be sure and mention that you were awarded TDIU by the VA and can't work. Although we are not experts many here can help you if you have questions about SSD. If you apply quickly you should be awarded as of May 2009.

Don't put this off its important that you do it now.

Pete