tdiu Infered Tdiu-Confused

[Deacon 2011]

I have read many postings regarding infered TDIU but am still not clear; here's my situation can anyone help?

Rated 80% mid Feb. 2011... 70% TBI, 10% cognititve disorder and 5 other conditions at 10% each. Until joining HADIT, I knew nothing of TDIU, when I recieved the results of my claim I don't recall reading anything about infered TDIU etc... I did file for TDIU immediately after reading info from this site however; would I be correct in stating that the VA (Waco RO) should be working this matter regardless as to whether I filed for TDIU or not?

[Deacon 2011]

John.

Thanks for the insight, the only infmation I used for my claim for TDIU was my SC conditions, specificially the TBI and Cognitive disorder of which, I have been dealing with and it is well documented for 20 years. Initially, I was only awarded 10% for these conditions because it was never viewed as a TBI even with all of the secondary conditions. When I filed a new claim for increased compensation, they went through my records with a fine toothed comb... I went to about 6 C&P exams thus the new rating of 80%... I requested a copy of all exam results and from a mental and physical perspective, the examiners recorded that there were cognitive and physical conditions relating to the TBI that impacted my ability to function both socially and in the workplace. I hope they do the right thing, the first time around.

Deacon

I think that evidence will help get your TDIU. What you don't want is to give the VA evidence for them to find an alternative explanation for why you can't work. This happens all the time with people who are filing for TDIU. They may mention other conditions that are not SC that the VA then uses to deny TDIU. It happened to me and that is why I warn against it. The VA went over my claim with a microscope to find something to deny my TDIU. I had been SC for 30 years at 30%. Then I retired on disability and the VA tried to blame a work related injury instead of the 70% SC.

[SonnyBurnett]

Be very careful. Read the latest decision you received from the VA. I had not applied for TDIU, but due to the SC conditions, the CP Examiner not only inferred the TDIU but also inferred the question of incompetency. I immediately got copies of letters written & insisted it was put into my medical records at the appointment, my primary & psych doc's stated while my conditions made me unable to be gainfully employed, I was not incompetent, and sent them in too.

[john999]

Deacon

You are getting lots of tips others had to learn the hard way. That is what is so good about Hadit. You benefit from others hard luck. The VA reads your claim with a fine tooth comb so read the decision the same way. You being 80% I think it is just a matter of time and waiting. You will get there.