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Nod For Tdiu?



I have a question about whether to file a new claim for TDIU or a NOD on my recently increased % for migraines. I suffer from chronic debilitating migraines. I have gone from 30% (for migrines) when I retired from the AF in Nov of 2000 to 50% for a claim filed in Oct 05. I have been told I have until Nov 06 to send additional info. My total disability is now 70% with my migraines totaling 50%. My problem is that I work for civil service and they are doing a fit for duty board and have requested I be examined by my doctor and by one of there's and then they will come to a decision about whether I will keep my job. I am only averaging about one to two days a week at work and have been in a leave without pay status for about 3 months so this board may actually be a good thing as it should aloow me to apply for additional benifits under civil service disability, VA, and SSA. If I am fired from my job should I file a NOD for the TDIU or do I have to start a hole new claim. THis is my first post so I hope that I didn't ramble to much. Any help would be aprreciated.

THanks Dave

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I believe you are being asked to take a fitness for duty physical. After the exam your personnel office will make a determination, from the exam report, if you can still be employed in your present job. Or if you will be able to perform a different job, one that will allow you to still be productive, but easier on your condition.

If your personnel office is unable to accommodate you, you may be eligible for disability through workmen’s comp.

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  • HadIt.com Elder

You will most likely never see OWCP unless you can prove work related stress.....Very hard to do, but not impossible.

If the agency determines you can no longer function due to your SC injury then put in your IU NOD ASAP.

If you are covered under civil service or FERS then OPM will determine your disability annuity.

Keep in mind that if the agency finds you unfit for duty then they must give you your right's for appeal, and the proper forum in which to file.

I would wait to file NOD until after the agency has determined your fate at work, and use that paperwork in conjunction with the NOD, and with SSDI if you are covered under that program.

If it looks like it will be past the time limit for your NOD then request a extention with the VA and state the reason why you are asking for a extention.

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Thanks for the answers! I am in the process of filing for civil sercive disability under the FERS program and am just waiting for the doctors reports to come back to file. As far as the TDIU is concerned and the NOD I was just wondering because I just filed to have my migraines increased and no mention of TDIU last OCT as I still had my job, would the NOD still be justified now that I am losing my job and have additional documentation (I was not planing on filing until I lost the job), or would I have to file a whole new claim with TDIU as the main reason.

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Dave, I'm almost in the same situation as you except my employer, DON, placed me in a Special Accomodation status, limited my PD requirements and I can keep my job. Keep in mind the VA is working on making TDIU very difficult for anyone to obtain. Good Luck.

Regards, Old 5311

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  • HadIt.com Elder


Disability retirement under FERS is pretty easy to get. You have to apply for SSDI as well. If you get SSDI they will offset your OPM by 60% of your SSDI award. This should set you up for TDIU. This is what I did when I was a postal worker.

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  • HadIt.com Elder


If you have evidence that the VA was previous unaware and did not have in thier possession at the time they made thier decision to increase your rating to 50%, I would submit this evidence and ask the VA to "Reconsider" their previous decision. This generally goes alot quicker than a NOD/Appeal.

Now, if you feel the VA's evaluation of 50% does not reflect your current diability and warrents a higher rating with the current evidence of record, then you should submit a Notice of Disagreement. If you submit a NOD, I would if I were you, ask for a Decision Review Officer (DRO) to review your file. You can also ask for a hearing with this DRO. If the VA, under a DRO review of your case, still denies your appeal, you still have the option of taking your appeal to the BVA.

As far as your question to IU, it really depends on the individual case. Generally, if you are working, the VA will deny an Individual Unemployability application (hence "Unemployability"). However, in certain circumstances when a veteran is working and applies for IU, the VA will see if that employment is subtantial and gainful, and they will look to see if just the veteran's service-connected disabilities contribute to this situation. Keep in mind this becomes a jugemental decision on the RVSR's part, so you must present your case very well. If you want to go this route and apply for IU, then you would want to submit VA Form 21-8940 along with your request for "Reconsideration," or your NOD, whichever path you decisde.

I hope this helps!

Vike 17

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