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Deacon 2011

Not Sure About Tdiu

Question

I am currently 80% SC (70% TBI, the other is from related residuals). Filed for TDIU in March 2011 while another claim was still in progress from May 2010. VA combined the TDIU with the May 2010 claim, it's been in the decision phase since early May of 2011. Checked eBenefits today and now the claim is back in development, "Peggy" says it's all internal, the developer did not provide some info relating to the TDIU to the rater and it should be a matter of days before it is rectified (yeah right).

I can't work, or much of anything else for that matter, haven't worked since December of 2010; I do receive SSDi for SC conditions, thank God it was approved on the first go-round. I pulled my response from the VA just a minute ago to look at the 70% rating for TDIU... it was previously 10% and as mentioned increased to 70%. There were about seven areas assessed for this rating, below are the two that I am not sure of how they will impact my claim for TDIU:

"A severity rating of 3" has been assigned for the memory, attention, concentration and executive functions facet, indicating the examiner found evidence such as objective evidence on testing of moderate impairment of memory, attention, concentration or executive functions resulting in moderate functional impairment". (70% rating was based upon this)

"A severity rating of 1" has been assigned for the Neurobehavioral effects facet, indicating that an examiner found evidence of one or more neurobehavioral effects that occasionally interfere with workplace interaction, social interaction or both but do not preclude them".

Of course the overall rating of 3 resulted on the increase according to VA assessment protocols.... am I over analyzing this and worrying about something that I shouldn't be?

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4 answers to this question

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"I do receive SSDi for SC conditions" If the SSDI is solely for the SC disabilties, that is excellent evidence for TDIU-

if the VA is aware of the SSDI award and has obtained that info from the SSA.

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I am not sure if the VA is aware of the SSDI, I filed for it and it was awarded prior to them beginning to work the claim for IU. It was suggested that I not "mess with" the claim as it would only delay it further. I am lost with this and starting to stress more and more... not sure what to do.

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That is something you should definitely check into.

Although the TDIU form has a question about disability retirement (# 18) they do not specifically say SSDI so I always suggest that the vet put under Remarks that they get SSDI for the same conditions.

And it is always possible they get a SSA award after sending in the TDIU form.

You could make an IRIS inquiry at the VA web site to see if they have the SSA evidence and if not- by all means let them know about this award right away.

You also might need to send them an authorization form to get these records.

SSDI awards contain an independent medical opinion. If VA klnows of the award they MUST consider it for TDIU claims.

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Thanks Berta!

After reading your earlier post, I did submit an IRIS request to see if this was necessary (I am prepared to send them the SSA's response), although "Peggy" indicates they have everything needed to make a decision. Again, many thanks!

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