tdiu General Tdiu Questions

[Draggin']

So confused! I've seen on the forums that while waiting for my rating, since I'm not working, that I should go ahead and apply for TDIU, as it hurts nothing. But I dug into too many specific and personal stories here on the forums and got myself confused. So this is all hypothetical...let's say that I met the medical criteria for these benefits at some point...here are my questions?

1. Can I get approved for and receive TDIU while attending college?

2. Can having TDIU keep you from getting P&T?

3. Can TDIU help raise you to 100% schedular?

4. Can TDIU help raise you to 100% P&T?

5. Can you receive TDIU and P&T at the same time?

6. Can I get approved for and receive P&T while attending college?

7. Can I still work for a family business while receiving TDIU?

8. Can I still work for a family business while receiving P&T?

I appreciate your answers to these questions. If I have more questions after that, I'll ask then. I just want to get these figured out first. Currently suffering from information overload, I do not mean to be rude.

Thanks

Draggin'

[Bravo6]

Bravo6

In this instance - I am glad you are not a VBA adjudicator / decision maker.

If so, you would be illegally denying claimants IU due to a personal judgement call, of your own making.

ME TOO! Like I said before, It was MHO! Don't start reading into things that aren't there! Thanks!

[Bravo6]

Bravo6,

I do not think you have a full understanding of the IU regs,

many different situations have to be considered,

I'm going to go ahead and correct this post too.

You posted,

7. Can I still work for a family business while receiving TDIU?

"NO! You need to read the TDIU criteria!"

http://www4.va.gov/v...es3/0727177.txt

Given the veteran's service-connected disabilities and his testimony, the Board finds the evidence at least in relative equipoise. Although the evidence indicates that the veteran may be working at the delicatessen, such a family business and protected working environment reflects that of a marginal employment. In consideration of veteran's level of education and his prior work history in business administration, the Board does not consider his work at the delicatessen, if any, to be that of a substantially gainful employment.

ORDERA TDIU is granted, subject to the law and regulations governing the payment of VA monetary benefits.

Like I said, others will chime in.........thanks for clarifying.......but it was JMHO! Nothing more!

[Draggin']

Thank you all so far for the replies.

Carlie, your answers to question #1 and #7 are helpful and exactly what I'm looking for.

I just would like to explain that I am trying to be general and non-specific. I am purposefully leaving out personal details for the benefit of other members who may have the same questions but different factors at play. I'm not up for judgment (at least not yet) or what one may personally think should happen with my situation. The reader here does not know the details of my situation, once again, on purpose.

I simply want to know if it something is possible and what may be (or should be) taken into consideration by the powers making the decisions. Later on, I may just ask another question about TDIU and ask for consideration of my personal position, list my SC'd disabilities that will be at play and my explain my experiences thus far with work and college.

My wife and I have gone through a lot of reading very specific posts and really wanted some less situation specific answers for now. I am not complaining about the vast capabilities to receive and give help on this forum. I am simply having a hard time finding "general" information. Therefore, I am asking for what I need help finding.

And I agree I need to read the TDIU criteria. If someone would please kindly point me towards that and share some knowledge and accurate facts about TDIU, I would be more than happy to...well...have my questions sufficiently answered.

Thank you all again.

Draggin'

[carlie]

TDIU - 38 CFR Regulation

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4.16.htm

[pacmanx1]

§ 4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

§ 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 nonservice-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.

(Authority: 38 U.S.C. 501) (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.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

Edited August 25, 2010 by pacmanx1

[Draggin']

All of these answers are also giving me an idea of what questions are worth pursuing further.

Thanks