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

Tdiu Claim At Rating Board

Rate this question


ironsoldier77

Question

I have been calling the 800 number and my service rep and they both tell me that my claim for TDIU is at the Rating board. I have heard that if your claim is at the rating board thats usually good news?? Means they have something to rate? Does this mean that my TDIU has been awarded?

Link to comment
Share on other sites

  • Answers 30
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

I would wait it out and see if I get TDIU. TDIU when you become permanent has a lot more benefits than just money. Your dependents can get benefits like insurance and help with education. How old are you? If you are over 40 I would take the TDIU in lieu of a job that might vanish in 6 months. As of now you have SSDI and probably TDIU. That is a lot to give up since you now know how hard it is to get. Is your PTSD now cured? You don't want to give up the TDIU and then have to start over and wait for years again if the job fizzels. I am 61 so I know what I would do, but our situations are different. You have a difficult decision to make. Does your new job have a probation period?

Link to comment
Share on other sites

I would wait it out and see if I get TDIU. TDIU when you become permanent has a lot more benefits than just money. Your dependents can get benefits like insurance and help with education. How old are you? If you are over 40 I would take the TDIU in lieu of a job that might vanish in 6 months. As of now you have SSDI and probably TDIU. That is a lot to give up since you now know how hard it is to get. Is your PTSD now cured? You don't want to give up the TDIU and then have to start over and wait for years again if the job fizzels. I am 61 so I know what I would do, but our situations are different. You have a difficult decision to make. Does your new job have a probation period?

Im only 33 , but my PTSD is far from being cured. I am on many different types of medications. Clonazepam is the best one. It helps me with the anxiety and anger. That way I can try this new job out and see how things go. I know its a hard decision. It was a hard decision to even try this job out but I really had no choice. The job does not have a probation period which is good. My wife can go to the doctor again. She hasnt been to see her doctor in almost 4 years! Hopefully a decision will be made soon on the TDIU and I can decide what steps to take after that. For right now I have to work to keep our roof over our head and pay for things that my 5 year old son needs so he can go to school. I am really just sucking it up and doing the best I can right now. The medication really helps. I would be a mess without it. Thanks for the friendly advice! You are a good person.

Link to comment
Share on other sites

  • HadIt.com Elder

Iron

Your problem is so common that many here have lost everything while waiting for a rating. If you had a job when you actually filed for TDIU I would tell you that is not OK. The thing is that you are saying in your claim that you are unable to obtain and keep substantial employment due solely to your SC condition. At your age I would also take work if I could get it. Just be sure you are not swearing or attesting to the fact you are not able to work now that you have a job. You don't want to get into a fraud situation. I think this is why others here were reluctant to advise you. I would see what happens and then tell the VA what the situation is right away. Don't spend the retro or TDIU money before you get the all clear. I think at the worst the VA is going to ask for the money back since you are no longer TDIU. If you are denied TDIU then you have nothing to worry about, but since you got SSD you probably will get TDIU. At some point the VA is going to ask you if you are working via a employment questionaire. You should tell the truth because they can check via SSA and IRS. You just want to be very sure that you are not going to get in trouble. If there was a VA lawyer in your area I would make an appointment and run it by them.

Link to comment
Share on other sites

Clonazepam is the best one. It helps me with the anxiety and anger.

My family and I call Clonazepam my do not kill pills.

They work quicker when I chew them : -)

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Iron

Your problem is so common that many here have lost everything while waiting for a rating. If you had a job when you actually filed for TDIU I would tell you that is not OK. The thing is that you are saying in your claim that you are unable to obtain and keep substantial employment due solely to your SC condition. At your age I would also take work if I could get it. Just be sure you are not swearing or attesting to the fact you are not able to work now that you have a job. You don't want to get into a fraud situation. I think this is why others here were reluctant to advise you. I would see what happens and then tell the VA what the situation is right away. Don't spend the retro or TDIU money before you get the all clear. I think at the worst the VA is going to ask for the money back since you are no longer TDIU. If you are denied TDIU then you have nothing to worry about, but since you got SSD you probably will get TDIU. At some point the VA is going to ask you if you are working via a employment questionaire. You should tell the truth because they can check via SSA and IRS. You just want to be very sure that you are not going to get in trouble. If there was a VA lawyer in your area I would make an appointment and run it by them.

Thanks for the sound advice. I have been unemployed since November of 2008. I just started this new job last month. I originally filed for TDIU after I lost my job in Nov 2008. I would obviously tell the VA that I started working if they approve the claim. Even if that means giving back the retro pay. I am a firm believer in karma! I just want to do whats right , but if there is a program that is similar to the SSA "trial work period", I would like to do that. My service rep said the VA has a similar program with TDIU, its kinda like a temporary TDIU or something? Your advice to talk to a VA lawyer is a very good idea and I will look in to that. Thanks again for the advice, much appreciated!

Edited by ironsoldier77
Link to comment
Share on other sites

My family and I call Clonazepam my do not kill pills.

They work quicker when I chew them : -)

hahahahah!! Do not kill pills!! You aint lying! I've never tried chewing them before. I will try that next time. Thanks!

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

    • Ronald beecher went up a rank
      Rookie
    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
  • Our picks

    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use