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Tdiu At 60% ?

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dittybopper

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OK,

Just got the DAV unofficiail letter. I am now rated 60%. 20% bilateral knee 20% bilateral hip and 30% stress anxiety.

It says the TDIU has been deffered as I am in the development status for that. The question here is will TDIU in this case be permanet or not and will this be TDIU Schedular or IU? If I understand correctly even if schedular benefits are same as 100% correct?

Thanks for the info in adbvance guys

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  • HadIt.com Elder

You are a little mixed up. TDIU and IU are the same thing. There is no schedular TDIU. There is extra-schedular TDIU where you don't meet required percentage but you are unemployable due to your SC condition. You may run into some trouble since none of your SC'es are 40% or more. Do you have medical evidence that you are unemployable?

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Yes have been medically and mentally directed not to work at all due to possible work place violence sent off by a "trigger" I am also on ssdi and retirement from my job inder mental issues. I have letters from my pchycologist stating he feels no work is possible for me. Now ot later. the only differance between the VA and him is thst the VA is calling it stress and anxiety while my Doc calls it PTSD.

You are a little mixed up. TDIU and IU are the same thing. There is no schedular TDIU. There is extra-schedular TDIU where you don't meet required percentage but you are unemployable due to your SC condition. You may run into some trouble since none of your SC'es are 40% or more. Do you have medical evidence that you are unemployable?

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Yes have been medically and mentally directed not to work at all due to possible work place violence sent off by a "trigger" I am also on ssdi and retirement from my job inder mental issues. I have letters from my pchycologist stating he feels no work is possible for me. Now ot later. the only differance between the VA and him is thst the VA is calling it stress and anxiety while my Doc calls it PTSD.

From what you posted so far, it looks like John999 is correct in his assessment. Your VA ratings do not show any mental disorders being awarded as yet. SSDI is different in that the cause is not important only the disability.

I am not an authority on this, but do believe you will have to fight for this one unless you can file a claim for PTSD or some other anxiety disorder that can be service connected.

Good Luck!

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The stress and anxiety are secondary to my knees so both will be service conected. I am hopeful that due to the documentation, OWCP states I can only work 4 hours a day sitting. Combine it with both the OWCP ref and my DOC saying it is permanet might just give me a leg up on getting IU. Guess I will have to wait and see, but I don't think that because both are sc one secondary and OWCP states gainful employment unlikely and it is permanet and being on SSDI might just be enough to tipthe scales in my favor. '

As for me now I am praying, because the last trigger led me to try to catch the person and rip their heads off. Thank God I leave my pitol at home on certain days.

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