Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
Deacon 2011

Should I Have Waited?

Question

I am 80% SC, with one condition(TBI) rated at 70% effective March 2011. After reading post here, I quickly applied for SSDI in Feb. 2011 and was awarded SSDI in April 2011. In the meantime, the VA never informed me of TDIU, however my VSO sent all of the documentation and I applied for TDIU while my SSDI was still pending. My question is, should I have waited until the SSDi claim was complete before filing for TDIU so that I would have been able to provide additional info to show that my SC conditions resulted in SSDI?

My TDIU claim has been in the decision phase for more than 4 months; I have 4 other conditions pending with this claim (some were initiated by the VA, long story). "Peggy" states that as of August 18, some conditions were decided upon and others deferred but I have hit a brick wall in my efforts of trying to find out the "true" status of this TDIU claim. I have a VSO, that's the most positive thing I can say about that... I have a VSO.

Any suggestions or should I just take a long nap?

Share this post


Link to post
Share on other sites

Recommended Posts

No, you were right to file for TDIU. You should file as soon as you are unable to work due to SC condition.

Share this post


Link to post
Share on other sites

Ad

John is right!

"In the meantime, the VA never informed me of TDIU, however my VSO sent all of the documentation and I applied for TDIU while my SSDI was still pending"

I am stunned that they failed to consider you for TDIU-but maybe they were going to when the opther claims were resolved- still you did the right thin! Make sure they know of the SSDI award.

You could use the 21-4138 form as a cover letter and tell them you have enclosed copy of the SSA award letter. (I assume this was solely for the TBI...?)

Send a copy of the 21-4138 to your vet rep too.

They should give you the date of TDIU forj for the retro EED unless the SSDI award predates the TDIU filing date and then they should use the SSDI date if it is the most favorable date for entitlement.

Share this post


Link to post
Share on other sites

To clarify -the VA will use the earliest date "entitlement arose" for TDIU claims- meaning usually the date of the formal TDIU claim or if an SSDI award solely for same SC preceeds that date by a year-they can and should award entitlement to the SSDI entitlement date.But I have never seen them go back further than a year on that.

Share this post


Link to post
Share on other sites

I am stunned that they failed to consider you for TDIU- (snip) . You don't solicit a claim for Individual Unemployability unless the evidence indicates (or, sometimes merely suggests) that a veteran is unable to work because of a service-connected disability(s). Guessing whether a veteran can or cannot work, based solely on a mere disability percentage or perhaps a particular disability, is not the way to go.

John is right!

"In the meantime, the VA never informed me of TDIU, however my VSO sent all of the documentation and I applied for TDIU while my SSDI was still pending"

I am stunned that they failed to consider you for TDIU-but maybe they were going to when the opther claims were resolved- still you did the right thin! Make sure they know of the SSDI award.

You could use the 21-4138 form as a cover letter and tell them you have enclosed copy of the SSA award letter. (I assume this was solely for the TBI...?)

Send a copy of the 21-4138 to your vet rep too.

They should give you the date of TDIU forj for the retro EED unless the SSDI award predates the TDIU filing date and then they should use the SSDI date if it is the most favorable date for entitlement.

Share this post


Link to post
Share on other sites
<br />John is right!<br /><br />&quot;In the meantime, the VA never informed me of TDIU, however my VSO sent all of the documentation and I applied for TDIU while my SSDI was still pending&quot;<br /><br />I am stunned that they failed to consider you for TDIU-but maybe they were going to when the opther claims were resolved- still you did the right thin! Make sure they know of the SSDI award.<br /><br />You could use the 21-4138 form as a cover letter and tell them you have enclosed copy of the SSA award letter. (I assume this was solely for the TBI...?)<br /><br />Send a copy of the 21-4138 to your vet rep too.<br /><br />They should give you the date of TDIU forj for the retro EED unless the SSDI award predates the TDIU filing date and then they should use the SSDI date if it is the most favorable date for entitlement.<br />
<br /><br /><br />

Unless theVA has requested something from the SSA, I have not sent them anything. I was totally unaware of sending a 21-4138 and the SSDi award letter to them. The Effective date of the SSDi is Sept. 2010 with the first payment coming in April of 2011. The official filing date for TDIU was March of 2011... Should I still send the 21-4138? I am concerned that if I do anything else, this thing will drag on for another year. The VA posted info on my ebenefits page regarding the possibility of an increase based on the 70% rating for the single SC condition but never sent me anything; perhaps it was because I had provided documents to them before they could get them out to me.

I am at my wits end, not sure if the TDIU will be inferred and approved due to the TBI or if it will be shot down because they don't have my info from the SSA.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines