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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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dittybopper

Va Initiating Tdiu Case For Veteran?

Question

Hey all got a strange story here. Firstly I am 40% service connected bilateral knees 20% and bilateral hips 20%.

I put in a claim secondary to my other conditions for depression and stress and was diagnosed with adjustment disorder at C+P.

two months ago I inquired over IRIS on the status of my case. They responded they would notify Waco, TX and I shoule hear something soon.

30 days later no word but the guys at the IRIS center sent me a e-mail asking if I ever got a responce. I of cource said no. They replied they would contact Waco to see what is up

30 days later I got this reply from Waco through the folks at the IRIS center.

A decision has been made in your case. It is in quality control to make sure no errors are present. decision made on case 18 Aug sent to notification 18 Aug.

You should hear on this cases decision very soon. All this was good news as I went to local VA to ck out status and they confirmed everything I was told.

Then I read something weird. The guys at IRIS stated "We sent this down there as a TDIU claim please forward all paperwork to Waco.

Ok agreed I am on SSDI for my mental condition it is very poor and some of my Doctors are calling it PTSD. I also am retired out of my job and with OWCP right now until I can get these folks to release my case so I can collect my regular retirement. However,

I do NOT have one condition over 60 percent and I do not have 70% when you add what I do have.

So why would the VA initiate a TDIU claim.

When I went to the local VA they said two things possible. I told them I was on SSDI or retired from jom medically (never did that)

Or by some random check they discovered I was in a unemployable status.

But by the numbers I still dont qualify.

The last possibility I was told was that in some cases the VA if it appears to them that this condition is going to interfere with your ability to find and keep employment will go ahead and make a TDIU determination if your new rating brings you into eligability for a TDIU Claim. It is their way of washing there hands of it.

According to the loval VA the decision had not yet been posted through their system and due to back up it may be about 4 to 5 weeks to get the decision. However my reps in DAV say I will get letter from them long before that. It will be unnoficial notification of award.

Many said they would not be suprised to see me come down at 100% due to award on this case and TDIU

I know it is a long one but I have never seen this happen at any point in my life.

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This may be something their considering.

Note that section (b) of 38 CFR 4.16 says “It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.”

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Then I read something weird. The guys at IRIS stated "We sent this down there as a TDIU claim please forward all paperwork to Waco.

I do NOT have one condition over 60 percent and I do not have 70% when you add what I do have.

Just so you know - there is a part B to IU (Extra Scheduler) that many people don't pay attention to and VBA doesn't grant using it,

very often - IMO.

So why would the VA initiate a TDIU claim.

When I went to the local VA they said two things possible. I told them I was on SSDI or retired from jom medically (never did that)

Or by some random check they discovered I was in a unemployable status.

I would venture to guess that MH was granted and raised your percentage - then IU was inferred.

But by the numbers I still dont qualify.

You don't know yet that your percentage hasn't increased - thereby putting you in the higher percentages.

Try to think positive for your good - you can do it : -)

JMHO

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"I do NOT have one condition over 60 percent and I do not have 70% when you add what I do have.

So why would the VA initiate a TDIU claim."

Perhaps they have determined already the 70 % level based on the pending claim- however a SC % in no way prevents a veteran from applying for TDIU and even the VA, when they dotheir job right, will consider TDIU on a extra-schedular basis when the rating is lower then 70 but the disability presents a totally disabling SC that hinders employment.

I think however they have predetermined the 70% in your case-ths the TDIU situation -as Extraschedular cases get sent to VA Central.

This sounds good. Do they have your SSDI records?

I had vet friend of a friend once with no SC at all.(He fell under the old PTSD criteria) He had quite a bit of private psychiatric records, a diagnosis of PTSD, and an easily provable stressor, as well as SSDI for PTSD.

I sent him the TDIU form ( he had to also send a formal 21-526) and within mere months he was awarded TDIU for PTSD.

There was nothing on the TDIU form at all that says one must have any specific SC rating.

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The VA sent me a form to request IU, and I filled it out; a few months later I was granted IU. I mentioned in my SOC that I was unemployed due to my SC conditions. So I guess I am one of those few who the VA inferred a TDIU claim. It was awarded back in '09. Like Carlie says think happy thoughts! Good luck.

/doc

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I'm in the same boat being 70%, but no individual rating over 30%, so I do not qualify for TDIU. But, I did learn here on Hadit about section (b) of 38 CFR 4.1. There is more ways to skin a cat. When, I was at my Neurologist yesterday, I told him that I got my rating of 30% from the VA. Went back to his office and he typed up a letter that clearly states the my SC Parkinson's disease makes me unemployable. Funny thing is my second PTSD exam says the same thing. I would pass out if the VA initiated anything for me.:biggrin:

Papa

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