tdiu Why Do You Veterans Wait? Tell Me, What Are You Waiting For?

[LarryJ]

I have, over the last couple months, heard several of our new (and some not so new) Hadit members make statements such as "We're waiting, and as soon as we get an increase in my disability percentage well, then we're going to file for TDIU."

REALLY?

GEE?

WHAT THE HECK ARE YOU WAITING FOR? NO, REALLY, WHAT ARE YOU WAITING FOR?

If you even have the hint of possible success in filing for TDIU, DO NOT WAIT for some other increase, or whatever. JUST FILE your form 21-8940. BECAUSE YOU ARE COSTING YOURSELF MONEY. SERIOUS MONEY!

After all, when you file the proper form, you ARE filing for an increase. If you do NOT file the "proper form" then the VA is not going to "inferr" that you qualify for TDIU.

COME ON FOLKS!

SHEEESH!

I've added up the number of folks on here in the last couple months, plus the folks that I have coming to me OUTSIDE of the HAdit Forum and I've counted 11 people that I remember.

ELEVEN. THAT I KNOW OF.

And, most do not and will not, file for the proper EED.............geeee, just look at all the money you saved the VA. I, for one, am proud of you......................

[john999]

Pete

You got that right! If you don't know enough to ask for IU and fill out the forms the VA will never do it unless you hit the percentage under 4.16A. Thus years of TDIU can be lost. Knowledge is power at the VA. When I got 70% it was a DAV NSO who told me not to appeal the denial of TDIU. I had filed for it when I was 30% becauses I was on SSD. I got help here at Hadit and from private doctors. I got no help from the VA or DAV. They discouraged me. I never even heard the phrase TDIU until I came to Hadit. All those years of unemployment and underemployment and neither the VA or any of the VSO's I talked to every even mentioned a plan to get me TDIU. The VA hid it from me, and the VSO's just processed paperwork like the clerks they are. The only good service officer I ever met was the guy from the Red Cross who helped me with my discharge upgrade back in the 70's.

[1lonewolf]

I will inquire with my DAV rep concerning the Clothing Allowance and/or I will just fill out the forms myself. I never really mentioned it to him but unless he has not read my claims it is obvious in all those documents. I will contact my DAV rep today also to inquire about the TDUI claim. Some time ago the VA sent me a letter telling me that they were working on my claim for TDUI and included the forms for me to send back. I received these forms after my Senator did an inquiry for me after I was denied due to the bad C & P exam. My Senator is a good resource to keep things going for me but I have learned that the VA does not like those inquiries too much although they do warrant a quick response and more thorough response/explanation. Now my claim is currently under Reconsideration so should I still put in for TDUI now or wait for a response on award decision? Just curious as I do not want to drag out the current decision or confuse the issue. My conditions listed below are not everything, only what is on this claim as my ortho issues are my biggest problem. I do have some other secondary S/C conditions that may or may not be considered with this claim. I was advised to ask for consideration of these conditions in the reconsideration based on my IMO. I would imagine though that the VA will ask me to open a separate claim for these though. These conditions are diagnosed and are in my VA medical records and in my IMO. I have listed them below with my closing questions. Thanks for all your help guys, this board is the only thing keeping me going right now!

Other Secondary Medical Conditions

Degenerative Arthritis right and left knee (crepitis)

High Blood Pressure (Hypertension) (not being treated)

Barrett's Esophagus/GERD (From years of taking O/C meds to alleviate pain-VA treated now)

Scar on Chin from recent fall due to hip giving out and leg weakness/instability

Major depression due to chronic pain ( currently being treated by the VA as well)

Sleep disorders due to Anxiety and Chronic pain (Also currently being treated by the VA)

Questions

Do you think I should put in my TDUI forms now or wait for the decision on this claim?

Should File a claim for Chronic Pain disorder/depression now or wait and file it with my other issues which will probably not be considered on this claim?

[LarryJ]

I will inquire with my DAV rep concerning the Clothing Allowance and/or I will just fill out the forms myself. I never really mentioned it to him but unless he has not read my claims it is obvious in all those documents. I will contact my DAV rep today also to inquire about the TDUI claim. Some time ago the VA sent me a letter telling me that they were working on my claim for TDUI and included the forms for me to send back. I received these forms after my Senator did an inquiry for me after I was denied due to the bad C & P exam. My Senator is a good resource to keep things going for me but I have learned that the VA does not like those inquiries too much although they do warrant a quick response and more thorough response/explanation. Now my claim is currently under Reconsideration so should I still put in for TDUI now or wait for a response on award decision? Just curious as I do not want to drag out the current decision or confuse the issue. My conditions listed below are not everything, only what is on this claim as my ortho issues are my biggest problem. I do have some other secondary S/C conditions that may or may not be considered with this claim. I was advised to ask for consideration of these conditions in the reconsideration based on my IMO. I would imagine though that the VA will ask me to open a separate claim for these though. These conditions are diagnosed and are in my VA medical records and in my IMO. I have listed them below with my closing questions. Thanks for all your help guys, this board is the only thing keeping me going right now!

Other Secondary Medical Conditions

Degenerative Arthritis right and left knee (crepitis)

High Blood Pressure (Hypertension) (not being treated)

Barrett's Esophagus/GERD (From years of taking O/C meds to alleviate pain-VA treated now)

Scar on Chin from recent fall due to hip giving out and leg weakness/instability

Major depression due to chronic pain ( currently being treated by the VA as well)

Sleep disorders due to Anxiety and Chronic pain (Also currently being treated by the VA)

Questions

Do you think I should put in my TDUI forms now or wait for the decision on this claim?

Should File a claim for Chronic Pain disorder/depression now or wait and file it with my other issues which will probably not be considered on this claim?

Are they, in fact, working on your TDIU claim?

Did they, in fact, send you the necessary VA Form 21-8940 (Application for Increase due to Total Disability)? If they did, what did you do with it?

Are the secondary conditions that you mention, are they in fact actually Service-Connected as you indicate, or are they conditions that you have filed a claim for, or are they conditions that you'd like to file a claim for?

Oh, and by-the-way, it should be apparent by now, to everyone, how I personally feel about filing claims for TDIU.

And, I am beginning to really not care what the heck your various VSO's reccomend, for it is becoming clearer to me that about 96.66% do not even have sense enough to pound sand in a rat hole!

It's YOUR claim.

Are you gonna drive or are you gonna play with the fuzzy dice?

Edited July 23, 2010 by LarryJ

[Tbird]

I just want to add my two cents. I agree with LarryJ, it's all about the effective date, effective date = money. money = food and shelter. I strongly suggest you file an informal claim as soon as you know you are going to file a valid claim. Call the VA 1-800-827-1000 and tell them you want to file an informal claim, that will set your effective date as the date you called in should you prevail in your claim.

By valid claim, I mean you do not have a Bad Conduct Discharge, if you have bad paper you gotta try to get that fixed first. Second you have to have a disability that happened during your service and you have to have been diagnosed by a doctor. Well, that's the short version, I'm sure others can chime in here. We use to call BCD, The Big Chicken Dinner anybody else heard this before?

[1lonewolf]

OK, I am getting the picture now. I just assumed that based on what My rep told me that I should wait. I still have the forms but I assumed since my claim was denied the first time it would be a moot point to submit them. My secondary conditions were not addressed by the VA as part of this original claim but were included in my Statement in support of claim and in the IMO I submitted. When I submitted my package for Reconsideration I requested that these secondary conditions be reviewed as part of my original claim as they were in my original statement in support of claim and in my IMO and are part of my overall condition. The first pass with this request was obviously denied and that is when My Rep submitted the letter and found out that the guy did not even read my Reconsideration package. Now my claim is being reviewed for reconsideration based on new medical evidence but I have not received a letter stating that the other conditions were going to be considered as of yet. The only thing I have received is a denial letter initially, a letter copy of what my DAV rep submitted, and then a letter saying they were working on my claim for compensation and nothing else so far. It is my hope that they are considering those other conditions as part of this claim but until I receive another communication I do not know. In my original Statement in Support of Claim I also had the date I stopped working due to my conditions so I assumed they used that part and send me the TDUI form initially. You guys are correct in that there is nothing clear and no two paths are the same with the VA. I have a current rating of 40 % for my feet and right hip but this claim entails my worst issues. All of my issues are service connected/secondary to my current service connected injuries and have been diagnosed by the VA and in my IMO. In closing I will submit my TDUI forms on Monday and I will await my next communication from them before submitting another claim for my other conditions. I guess I was wrong in assuming that if i applied and was granted TDUI they would back date to the day I stopped working and not the date the Forms were submitted. Thanks guys for all your help and information on this. Hopefully what we have shared here can be used by others when they have questions and are in the same situation I am. I will let everyone know how things transpire and thanks to everyone who continues to keep me and others going!

[hedgey]

If you even have the hint of possible success in filing for TDIU, DO NOT WAIT

Sorry if this is a dumb question, but what would a "hint of possible success" be? What would be the minimum criteria?

If I get even a whiff that I might qualify, I'm applying. I'm only 20%, going to submit a NOD on that decision, and have been to the C&P for PTSD and waiting for that decision. I should wait, shouldn't I?

I haven't worked in 12 years, due to PTSD problems.