Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Filing For Tdiu

Rate this question


Philip Rogers

Question

  • HadIt.com Elder

FYI - I recommend to all my non-working claimants that they file a TDIU application with their original claim, or as soon as possible, if they've already filed a claim. This saves them a loss of years of TDIU benefits when they subsequently win their claim. jmo

pr

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

PR

Very good tip. Thanks

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Where can I the TDIU form at? I got SC 40% total last month, 0% hearing loss right ear, 10% tinnitus, 30% PTSD (appealing this rating). But have since read that you do not need 70% to file IU. Have also applied for SSD.

Thanks in advance!

Link to comment
Share on other sites

  • HadIt.com Elder

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

You can fill it out (it's a PDF file) online, print it out and send to them (proof of delivery, etc., etc.), always print out a copy fer yerself to keep, also.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

Where can I the TDIU form at? I got SC 40% total last month, 0% hearing loss right ear, 10% tinnitus, 30% PTSD (appealing this rating). But have since read that you do not need 70% to file IU. Have also applied for SSD.

Thanks in advance!

You can file for TDIU at anytime you want, that is true. But realistically you prob will not get it until you have at least one SC at 60% or a total of 70% with one sc at least at 40%. Unless there unusual circumstances, the VA hardly ever grants TDIU without those ratings. But yes if you do file now, and are denied, the claim stays open.

Link to comment
Share on other sites

  • HadIt.com Elder

If you can prove via the evidence that you can't work due to your PTSD then you can get your IU. The VA will adjust your rating to justify IU. Not being able to work is the factor in PTSD claims that makes the differnce between 30-50% rating and IU or 100%. I can't prove this, but I believe this is how they get around 4.16b. You need a psychiatrist to say you can't work due to your PTSD. I filed for IU when I was 30% and then worked my claim. I got SSD and that helped I think.

Link to comment
Share on other sites

I haven't worked for almost 3 years because of my condition. The meds keep getting higher doses to keep up with me. And psychologist notes should say my condition has worsened since filing. I've talked to my VSO about it, and he wants to get the claim started started. I'm also going to talk to both my psychologist and psychiatrist about it.

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use