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Need Advise On When To File Please

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Spent warrior

Question

I can't work anymore.... I'm getting worse over time. My annual review was terrible, I just got a letter of warning for outbursts at superiors, and my co-workers think I am a rude recluse. My VA Psychologist strongly recommends I quit work to reduce the stress brought on by my PTSD. I am currently 70% PTSD (80% total compensation). He is totally supporting my TDIU claim with a great letter of support. Even though I am 63, with a son in High School and heading to college (along with the other already there) I planned to work for years yet, but it's clear I can't do my work any more. I already quit a part time job last year at the encouragement of the VA. I was driving motor coach, and was placing my passengers in danger because of flash backs and compulsive thinking. I will be "retiring" from my current government job, but because that is not earned income, I will still qualify for TDIU.

Here's my problem in not knowing what to do....

When I stop work this month, I can either retire effective December 31st, or I can stay on the roles for a few months using my accrued sick leave (which pays more than my retirement pay [needed for property and income taxes]). If I retire on December 31st, I know I can file for TDIU immediately. I thought if I waited and used sick leave till April, that I should wait to file TDIU till then. Surprisingly the DAV service rep says differently. He said even if I just go out on sick leave at the end of this year, I should go ahead and file for TDIU then concurrent with leaving work... even though I am still officially an employee.... although on sick leave and with the intent of not working any more days whatsoever. His opinion surprised me.... I asked him if he was very sure that I should file at that time (stopped working, but collecting sick leave) and he said yes, he is sure.

What do you think? I am still uncomfortable with his recommendation. I am in even worse shape with stress right now not knowing what to do. I am thinking about this for hours....and very indecisive.

I really have three choices:

1. Retire on December 31st and immediately file for TDIU.

2. Quit "working" on December 31, but stay on the roles using sick leave for three months collecting a paycheck which is larger than my retirement. Retire April 1 and file TDIU on April 1. (My prior assumption)

3. Quit "working" on December 31, but stay on the roles using sick leave for three months collecting a paycheck which is larger than my retirement. Retire April 1 BUT file for TDIU on December 31st. (DAV choice)

Your thoughts on any and all of this would be SO appreciated.

Thanks

SpentWarrior

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  • HadIt.com Elder

You can get paid for both. Just file the TDIU form and put down the last day you worked.

And, quit obsessing over it! You must understand something about the VA and that is that if you file for your TDIU TODAY, the claim form 21-8940 won't EVEN be looked at for weeks (months). At my Regional Office I was talking with one of the Texas Veterans Commission employees just a few days ago and she said that the VA mailroom is still trying to sort out mail to be delivered to the individual offices that was received in the mail room three weeks ago.

The point I'm trying to make here is this:

If you were to file your TDIU tomorrow, it may VERY WELL take a MIMIMUM of 6 months before you hear a word back from the VA, more in actuality like 12 MONTHS. Hope you ain't dependin' on the VA to pay yer bills, 'cause IT ain't happenin', at least not for a while!

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  • HadIt.com Elder

You know I was told that my VARO gets 10,000 pieces of mail every day. All that has to get sorted and sent to the right people. There must be piles of certified mail and every other kind of mail you can think of because there are not 10,000 employees at the VARO. Is it any wonder things just sit and gather dust. It is amazing that anything gets done. Oh, that reminds me to send them a copy of my employment questionaire since they never send me one anymore.

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I sure agree to file the TDIU form NOW!

"My VA Psychologist strongly recommends I quit work to reduce the stress brought on by my PTSD. I am currently 70% PTSD (80% total compensation). He is totally supporting my TDIU claim with a great letter of support."

Would he be willing to add that in hs opinion you are clearly permanently and totally disabled by PTSD?

This could garner you the P & T status when they decide the TDIU claim and this would bring your dependents CHAMPVA insurance and Chapter 35 Educational benefits.

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Thanks for the added suggestion.... I am a little shy about being more pushy with this Doc who has been so supportive. I will consider asking though cause what you said would be important to me.

I sure agree to file the TDIU form NOW!

"My VA Psychologist strongly recommends I quit work to reduce the stress brought on by my PTSD. I am currently 70% PTSD (80% total compensation). He is totally supporting my TDIU claim with a great letter of support."

Would he be willing to add that in hs opinion you are clearly permanently and totally disabled by PTSD?

This could garner you the P & T status when they decide the TDIU claim and this would bring your dependents CHAMPVA insurance and Chapter 35 Educational benefits.

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Does this advice apply to FERS employees too? My husband has always said he'd quit working when they carried him out boots first, but...

I'm seeing him grow more and more burnt out and distressed every day. Trouble with him, though, is his OCD makes him a super employee and his last appraisal was outstanding (do they still call it that? I forget). He's had outbursts at work, more than a few times, and had to leave early to avoid 'losing it'. But still, he puts out the work and is a great asset... either that or his rater is scared of him. Young pup vs. old vet with a lot of attitude... hmmm....

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