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?

[Chuck75]

It's my understanding that they should.

However, the VA's record for doing the things they should when they should is rather poor.

In the not too distant past, the VA was known for ignoring implied TDIU, even when it was glaringly obvious.

I.E. Veteran is totally disabled by SSA for the same conditions in the VA claim, and the VA has the SSA records.

[timetowinarace]

It's not something I know allot about but I agree with Chuck.

The VA should have infered TDIU but they don't always do so.

They have no binding obligation to do so. If they do not infer and you do not file, ultimatley it is your responcibility.

[Berta]

Once the VA sees 70% SC or more they will infer TDIU. (that is they SHOULD infer TDIU) and they will send the 21-8940 form to the vet.

They wont do anything until they get the TDIU form back and then they check with the employers and the other info on it.

[john999]

In my case I had 70% and the VA considered and then denied TDIU. I had to file an appeal to get the TDIU. I had already filed for TDIU before I got 70% and they turned it down anyway. So I say you should file for TDIU if you can't work due to your SC condition. Don't wait for the VA to infer something even if they should. We have discussed 4.16a and 4.16b many times. I filed when I was 30% due to the fact I could not work. Both the VA and DAV said it was useless. They were wrong because I got that date as my effective date.

[Deacon 2011]

Due to my conditions, I had to resign from my job in December before the80% was awarded (Feb. 2011), three of my co-workers had provided "buddy statements" as a part of the claim which resulted in the 80%; I filed for TDIU the day after I recieved the decision in the mail... as additional evidence, I provided my resignation letter and a written reply from my boss that also stated they were aware of my conditions, their impacts on my ability to work and the support of my decision... hope it has some impact.

In my case I had 70% and the VA considered and then denied TDIU. I had to file an appeal to get the TDIU. I had already filed for TDIU before I got 70% and they turned it down anyway. So I say you should file for TDIU if you can't work due to your SC condition. Don't wait for the VA to infer something even if they should. We have discussed 4.16a and 4.16b many times. I filed when I was 30% due to the fact I could not work. Both the VA and DAV said it was useless. They were wrong because I got that date as my effective date.

[john999]

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.