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What Should I Do?


m929929

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:mellow: I applied for tdiu in dec 2004 and was denied in feb 2006 because I did'nt meet the 70 percent criteria ask them to reconsider their decsion becase of letter I recevied from social worker stating that i am unemployable and was denied again in apr 06. In may 2006 was increased to 70 percent which now meets the criteria. question is should I appeal the decsion or just fill out another tdiu form? how long do it usually take for the tdiu process an what can i expect? Edited by m929929
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  • HadIt.com Elder

m929929

I am curious why they did not give you TDIU when they raised you to 70%. Usually they would do both at the same time. Did they even address TDIU in the decision upgrading to 70%. Where was you SO.

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Terry and Hoppy thanks for your response. no the dro did'nt address tdiu they just incresed me from 30 to 50 percent ptsd, an i was 20% for bilateral ankles djd with the 30%ptsd an 20% ankles they said i did'nt meet the criteria for tdiu in my denial letter in april 06 service officer said i should put in a new claim for tdiu but i disagree because i would lose retro. thanks any help would be appreciated

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  • HadIt.com Elder

Did the RO address the issue of TDIU in the May 06 decision for (rating increase)???

If not, I would file an NOD/reconsideration and ask them to decide your TDIU claim. You need not file another TDIU form.

The question in my mind (for perfecting your claim), is whether or not your PTSD prohibits "substantial gainful employment", or, if you are claiming TDIU based on your combined disabilities? If your PTSD keeps you unemployed, then the 50% rating award seems innacurate. See GAF below.

What did the letter from your social worker say in her letter; did she suggest that your PTSD was the cause of your employment problems? The VA has to tell you what kinds of evidence you need to perfect your claim for TDIU. ~Wings

4.129 Mental disorders due to traumatic stress.

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to

such symptoms as: gross impairment in thought

processes or communication; persistent delusions

or hallucinations; grossly inappropriate behavior;

persistent danger of hurting self or others;

intermittent inability to perform activities of

daily living (including maintenance of minimal

personal hygiene); disorientation to time or

place; memory loss for names of close relatives,

own occupation, or own name....................... 100

Occupational and social impairment, with

deficiencies in most areas, such as work, school,

family relations, judgment, thinking, or mood, due

to such symptoms as: suicidal ideation;

obsessional rituals which interfere with routine

activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or

depression affecting the ability to function

independently, appropriately and effectively;

impaired impulse control (such as unprovoked

irritability with periods of violence); spatial

disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful

circumstances (including work or a worklike

setting); inability to establish and maintain

effective relationships........................... 70

Occupational and social impairment with reduced

reliability and productivity due to such symptoms

as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic

attacks more than once a week; difficulty in

understanding complex commands; impairment of

short- and long-term memory (e.g., retention of

only highly learned material, forgetting to

complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and

mood; difficulty in establishing and maintaining

effective work and social relationships........... 50

Occupational and social impairment with occasional

decrease in work efficiency and intermittent

periods of inability to perform occupational tasks

(although generally functioning satisfactorily,

with routine behavior, self-care, and conversation

normal), due to such symptoms as: depressed mood,

anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory

loss (such as forgetting names, directions, recent

events)........................................... 30

Occupational and social impairment due to mild or

transient symptoms which decrease work efficiency

and ability to perform occupational tasks only

during periods of significant stress, or; symptoms

controlled by continuous medication............... 10

A mental condition has been formally diagnosed, but

symptoms are not severe enough either to interfere

with occupational and social functioning or to

require continuous medication..................... 0

See also, regulations in the PTSD Manual by MSG. I. S. Parrish, USA Retired

http://www.ptsdmanual.com/unemp.htm

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no they did'nt address the issue of tdiu. i am claiming tdiu based on my combined disabilities, my gaf is 45 an social worker said i'm unemployable because of ptsd. thanks

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