tdiu It's Been A While, I Have Some Questions.

[livingrock21]

I haven't posted in a long time. I've tried to forget about my appeal all together because for the longest time I was letting it drive me insane, and I'm glad I did due to how long it has taken.

I got a partial grant on one condition from 30% to 60%. The SOC that I recieved was dated on the 24th of June.

TDIU actually wasnt part of this appeal, but I had another claim in for TDIU that was denied about 4 months ago, and was denied tuely due to the VA flat out lieing. They denied me due to "un-service connected" conditions that I dont even have. It was unbelievable. I technically wasnt elligible for it becuase I was at 40% as a whole. Now I am elligible becuase I have one condition thats 60%.

So to make a long story short, the BVA included that, and remanded it for me to the AMC. Well, they made a decision on it on the 29th. A five day turn around which is unbelieveable. I haven't recieved anything yet, supposibly it's in authorization stage. Which is one of the questions that I have. Do all remanded appeals go through the authorization stage(denied and granted)? Supposibly something happened on the 20th of this month. I just have a good feeling that it was approved. I have a feeling that's why they haven't given me the back pay for the increased rating as of yet, I think their going to do it as a whole now. How long does the authorization stage normally take? I guess that's it for now. If there's anything I'm missing please help. I'm looking at probably about 80,000 in back pay if it does get granted. I could really use the money. I'm wondering if I should push the 60% increase issue with the fast letter, or am I probably right and they granted me the IU.

Thanks in advance.

Tyler Livingston

[68mustang]

§ 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 non-service 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.

(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.

This basically means if a veteran's condition warrants it, the veteran can claim TDIU but being awarded TDIU is still up to VA. Sometime VA will increase the veteran's disabilities to meet the percentage standards then award TDIU.

Thanks Pete992

68mustang

[livingrock21]

Philip,

I did realize that, I guess I should have stated all that different. Thats why I had applied for it. Thank you for clarifing that.

I appreciate all the responses so far. Anyone have any answers to my questions?

Thanks again everyone..

Tyler

[Testvet]

there are a lot of different ways the VA can deal with this and none of them would surprise me they can grant you the TDIU and pay the entire amount of back pay they can also take the position that the date they raised you to 60% is the effective date for your TDIU and stop a lot of the back pay and they can also do another denial if they are stating that your main reason for being unemployable is a non service connected reason and yes even denials have to go thru "authorization" I know this is not what you wanted to hear but I won't lie to you the VA can and will do what they want you must know this by now only when you have overwhelming evidence and get it in front of a good BVA Judge will a veteran normally get the benefits they deserve in some cases the VARO will not approve a claim at the RO level they want to be "forced" by the BVA to award the claim I hope you get the award you deserve but the fight may not be over yet

[Pete53]

When will y'all learn that you need not meet the 60% or 70% requirement for TDIU. You meet the requirement anytime your SC disability keeps you from working, no matter what the percentage. You can be 10% and still qualify. The VA states you need 60% or 70% only to keep TDIU claims from being applied for.

pr

You are right PR. The late and great Alex Humpfries used to tell us of the 10% Veteran he got TDIU 199% because he could not control his sphincter muscle. The point is that the VA has to grant 100% if your service connected disability prevents you from working.