tdiu Individual Unemployability

[airdale]

I had a 10 percent VA disability, then the VA awarded me a 60 percent disability, which interprets to a total 60 percent disability. I had another claim, which has not yet received a determination. Along with that I have a dependent's claim which has not yet been awarded because the VA lost the paperwork and I had to refile for dependents in August. The VA has urged me to file a IU claim, and later, they advised that I file a Social Security disability claim. I am 60, have not worked a full time job since 2001, but I have worked some temporary or limited time jobs -- I just can't stay on a job for eight hours a day and definitely not a 40 hour work week. I filed the IU last year and it just seems to be floating around with no decision as is the case with my other claim. I had contacted the VA about the dependent claim and they had no knowledge of it, but I was told to fax the copy I had sent previously and they would get it done very quickly, using the original date that I filed it, but they have not done so. Any advice would be welcome.

[NJBB62]

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Make sure you get a copy of your C & P Exam and make sure it reads "The Veteran claims individual unemployability due to service connected disabilities".

Then go to the Diagnoses section and make sure it says "Individual Unemployability Statement: My statement say's, As a result of the veteran's significant coronary history

and residual of Chronic stable angina, he would be unable to hold positions in either sedentary or active employment.

Please do not assume the VA will just give you an exam for TDIU, File VA FORM 21-8940. This is just my opinion, I'm sure others will chime in.

Good Luck

NJ

[iceturkee]

Yes....I filed a claim in early Feb for the following: An increased rating for PTSD (currently rated at 30%), a rating for TBI (no current rating yet), and a claim for TDIU based on the severity of my PTSD symptoms. In Sept I was scheduled for FOUR separate C&P exams. An exam for my PTSD/TBI with a psychologist, a hearing exam (currently rated at 10% for tinnitus), and a VERY THOROUGH physical exam complete with x-rays (currently rated at 20% for injury to both feet), and a GI Series exam. All my issues are service connected with an overall rating of 60%.

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Ensure you have filed VA FORM 21-8940, Veterans Application for Increased Compensation Based on Unemployability, if you believe you qualify. DO NOT ASSUME THE VA WILL AUTOMATICALLY AWARD TDIU even if it may seem obvious in your mind. Good Luck with your claim and hope this helped answer your question.

LC

[iceturkee]

my ortho exam for IU lasted, maybe, 15 minutes. the doctor couldn't do a physical exam because i'm in a wheelchair and there were no nurses to assist me standing up.

my general med exam lasted about 40 minutes.doc asked alot of questions and did a very brief physical exam, again because of the wheelchair.

[airdale]

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Make sure you get a copy of your C & P Exam and make sure it reads "The Veteran claims individual unemployability due to service connected disabilities".

Then go to the Diagnoses section and make sure it says "Individual Unemployability Statement: My statement say's, As a result of the veteran's significant coronary history

and residual of Chronic stable angina, he would be unable to hold positions in either sedentary or active employment.

Please do not assume the VA will just give you an exam for TDIU, File VA FORM 21-8940. This is just my opinion, I'm sure others will chime in.

Good Luck

NJ

What is C&P? All of my doctors/psychologists (total 4 VA doctors/psychologists) were provided a form to complete, and all said that I could not work full-time but I might be able to work part-time. The form they completed was not made available to me, and my VocRehab Counselor kept me from reading it directly. I just learned that my IU clam is in the decision phase, but I have not received any correspondence regarding the claim.I also provided letters from private doctors and psychologists that mentioned that I could not work full-time as well.

Edited November 17, 2011 by airdale

[airdale]

Yes....I filed a claim in early Feb for the following: An increased rating for PTSD (currently rated at 30%), a rating for TBI (no current rating yet), and a claim for TDIU based on the severity of my PTSD symptoms. In Sept I was scheduled for FOUR separate C&P exams. An exam for my PTSD/TBI with a psychologist, a hearing exam (currently rated at 10% for tinnitus), and a VERY THOROUGH physical exam complete with x-rays (currently rated at 20% for injury to both feet), and a GI Series exam. All my issues are service connected with an overall rating of 60%.

Although the physical exam DID NOT specifically state that it was for my TDIU claim, I believe it was performed to assess my overall condition as it covered EVERYTHING under the sun and took a very long time for the doctor to complete. Perhaps someone else who has gone through the TDIU process can chime-in and tell you something else but this has been my experience so far.

Ensure you have filed VA FORM 21-8940, Veterans Application for Increased Compensation Based on Unemployability, if you believe you qualify. DO NOT ASSUME THE VA WILL AUTOMATICALLY AWARD TDIU even if it may seem obvious in your mind. Good Luck with your claim and hope this helped answer your question.

LC

What is C&P exam?

[iceturkee]

What is C&P? All of my doctors/psychologists (total 4 VA doctors/psychologists) were provided a form to complete, and all said that I could not work full-time but I might be able to work part-time. The form they completed was not made available to me, and my VocRehab Counselor kept me from reading it directly. I just learned that my IU clam is in the decision phase, but I have not received any correspondence regarding the claim.I also provided letters from private doctors and psychologists that mentioned that I could not work full-time as well.

compensation and pension