Question

[jhilly]

I submitted seven claims. I received a rating on two of the seven a year ago. I filed appeals for the five that were denied in Sept. '09. I was told a month ago that my appeal was with an appeals coach. I called yesterday to check on my appeal and I was told that it was at the decision board due to my claims being re-opened and that I should hear something in a couple of months.

Anyone know if this seems correct or been through this before?

James

[Deltawife]

Delta wife- I found another post you made here:

"Since that time he has received hearing aids and has had some terrible stressful situations occur. We knew NOTHING about Unemployability."

did he formally file a TDIU 21-8940 form?

[Deltawife]

I found the form 21-8940 and am in the process of filling it out. Hubby is helping me. What should I put down for reason of filing other than "Wound pain, PTSD, Depression" I'm not sure what they want to know and how much. Thank you!

[Berta]

I would put the main SC first and then add the rest.

By "Wound pain" do you mean tender scar tissue?

Is this from gun shot wound? Is the PH on his DD 214?

Was there muscular involvement in the wound?

These should all be claimed.

Check Yes to # 18 and then he should apply for SSA disability. If he gets SSDI now, what is it for?

Under #25 Remarks refer them to a separate page ( Put name address and C file number on this page, and then if he was ever turned down by VA Voc Rehab due solely due to his SC disabilities he should tell VA that. Also he should tell VA of any side affects of his SC meds that would hinder employment such as

Do not take and drive, causes confusion, causes drowsiness or causes sleeplessness.

If he does get SSDI solely for any SC condition he should make sure the VA knows that too.

They will contact the employers he lists so best to put down accurate up to date employment info.

Mail it with a Proof of mailing and give copy to his vet rep.

Edited January 19, 2011 by Berta

[Veldrina]

I'm a bit confused here...how did this turn into an IU claim (8940 is for unemployability). Is that what the appeal was about? And Delta, the reason they ha to confirm if it;'s ok to speak with u is because we aren't supposed to share info with 3rd party, but if the vet on the phone answers a few identifying questions & gives permission to speak to a spouse or rep, then we can.

[Berta]

Because Regardless of what percentage a vet has , they can apply for TDIU themselves without waiting for VA to get them up to 70% and then VA sends the TDIU application.

It is possibly that this veteran is eligible for TDIU and by filing the form himself he has preserved the earliest effective date. This is why I suggested TDIU be applied for.

Vet reps for years have said that only when VA determines 70% SC can a vet receive the TDIU form and apply for it.

It sinply isnt so.

I have sent out and attached the TDIU form so many times here over the ast

9-10 years that my 3 1/2 floppy for it no longer works.

The 21-8940 form is here anyhow and it is at the VA web site.

Any veteran who believes their SC prevents them from working should apply for SSDI and TDIU.

If SSDI awards solely for SC this is prime facie evidence of unemployablity that VA must know of and consider.

SSDI is in essense an independent medical opinion.

Waiting to get a TDIU form from VA can cost a TDIU eligible vet money.

[Veldrina]

ok, just didnt see where the IU came in,. While you can put in a claim for IU at any point, it doesnt necessarily save your effective date unless there is a finding of unemployability. You can have a single disability of 60% or combined disabilities of 70% with one disability at 40% or higher to be eligible for schedular IU. extra-schedular IU is usually something that has to go through the veterans service center manager & needs a lot of proof. And unless you are close to the schedular mark i prolly wouldnt file a claim for IU becuz you are just sending in more things to be considered & this will hold up the claim.

Because Regardless of what percentage a vet has , they can apply for TDIU themselves without waiting for VA to get them up to 70% and then VA sends the TDIU application.

It is possibly that this veteran is eligible for TDIU and by filing the form himself he has preserved the earliest effective date. This is why I suggested TDIU be applied for.

Vet reps for years have said that only when VA determines 70% SC can a vet receive the TDIU form and apply for it.

It sinply isnt so.

I have sent out and attached the TDIU form so many times here over the ast

9-10 years that my 3 1/2 floppy for it no longer works.

The 21-8940 form is here anyhow and it is at the VA web site.

Any veteran who believes their SC prevents them from working should apply for SSDI and TDIU.

If SSDI awards solely for SC this is prime facie evidence of unemployablity that VA must know of and consider.

SSDI is in essense an independent medical opinion.

Waiting to get a TDIU form from VA can cost a TDIU eligible vet money.