tdiu Tdiu Question

[COOL BREEZE]

Is it possible to be awarded TDIU without applying for it. If my latest claim for cardio gets boosted from 60% I could be elgiable. However as I am still working(I would quit working approved) and meet the requirements would they grant this automatically? It does say this must be considered at the time of a decision.

Just wondering if anyone had this happen-get this unexpectly being in this situation.

[carlie]

If the veterans SC'd disabilities are increased enough to meet the criteria

in 38 CFR 4.16, VA should either consider and adjudicate it or send the claimant

a 21-8940 along with the rating decision that warranted the increase.

That's my understanding.

For your research go here :

http://www.benefits.va.gov/WARMS/M21_1MR4.asp

scroll down to :

Chapter 2 - Rating

Click on :

Section F - Compensation Based on Individual Unemployability (IU)

[COOL BREEZE]

Thank you. I had misunderstood this issue. I had falsely believed I could get it approved without applying for it if I had an increase to a 60% rating. I understand they consider it when rendering a claim decision, however it is not automatically done until the form is mailed out.

[carlie]

I had falsely believed I could get it approved without applying for it if I had an increase to a 60% rating.

I understand they consider it when rendering a claim decision, however it is not automatically done until the form is mailed out.

That's not what I posted.

"VA should either consider and adjudicate it or send the claimanta 21-8940 along with the rating decision that warranted the increase."

Keep in mind the VBA doesn't always do what it should, but they MIGHT,

meaning they may see that you meet the criteria for IU and that the medical evidence

is there to support it.

[COOL BREEZE]

That's not what I posted.

"VA should either consider and adjudicate it or send the claimanta 21-8940 along with the rating decision that warranted the increase."

Keep in mind the VBA doesn't always do what it should, but they MIGHT,

meaning they may see that you meet the criteria for IU and that the medical evidence

is there to support it.

And if so they may grant this without the letter or proof of non employment? I saw this posted somewhere that a vet got approved for this during a claims decision. I was shocked!

Again, the VA works in strange ways.

[COOL BREEZE]

Would they give you a certain amount of time to quit your job if working if this is automatically granted. The reason for this question was when the VSo called from Phoenix a few weeks ago to tell me they made a decision and would like the decision. Then it dawned on me that if my claim went from 30-60% I would qualify for TdIU. Trying to decipher if I only am getting the increase from 50-70%, or the 100%.

[carlie]

Trying to decipher if I only am getting the increase from 50-70%, or the 100%.

CB,

You are just going to have to wait out this holding pattern you are in.

As of now there is just no way to know - other than to guess.

JMHO