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.

[COOL BREEZE]

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

Thanks for your concern. I'm starting to drive the wife nuts too. She was wondering why if they made an decision(confirmed by daily calls to the 800# to see if I would get a different answer) why is it still in final notification. I told her the VSO that called said it could be 1 or 2 weeks depending on the one senior rater that had to do the final sign off on his back log. Yep-very frustrating when you know you on the verge of the end of this decision.

[carlie]

Thanks for your concern. I'm starting to drive the wife nuts too.

She was wondering why if they made an decision(confirmed by daily calls to the 800# to see if I would get a different answer) why is it still in final notification.

I told her the VSO that called said it could be 1 or 2 weeks depending on the one senior rater that had to do the final sign off on his back log.

Yep-very frustrating when you know you on the verge of the end of this decision.

CB,

DO NOT put stock or much belief into the 800 # on this specific information.

Keep in mind that whether claim issues are granted or denied, there are still several steps involved,

when claim issues are granted, there are MORE steps involved.

Here's an exact way,to easily end your frustration.

DO NOT CALL OR VISIT your VSO anymore - for one month.

DO NOT CALL the 800 # anymore - for one month.

DO NOT GO on ebenefits anymore - for one month.

Find something else to do with your time for one month.

Clean up your car, garage, yard, house - anything you are physically able to do.

De - clutter, physically and mentally - work on you, your wife and family, in positive ways.

Give all things with VBA time to resolve - you CAN NOT make things happen any faster.

[Berta]

Coolbreeze said:

"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! "

I don't buy that at all unless maybe this vet was incarcerated at the time.

Or he/she had sent them recent evidence from the SSA that he/she was unemployed and received SSDI solely for SSDI disabilities which were,in fact SC disabilities.

Or the veteran was dead.

My husband filed a TDIU form 2 years before he died in 1992.He also had filed a 1151 claim and claim for increased rating.(PTSD)

The VA awarded him 100% P & T for PTSD (he certainly was TDIU) and yet never mentioned the TDIU form at all.

That award came 3 years after he died.

I continued his 1151 claim and that was awarded in 3 1/2 years after his death.

TDIU means Total Disability DUE TO UNEMPLOYABILITY.

"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%."

My husband was 30% SC in his lifetime. Then went to 100% in a posthumous decision with a EED retro ,as accrued benefit to me, of 3 years prior to death.

The percentage of SC does not garner TDIU.

70 % triggers VA to send the TDIU form.

But A vet can apply for TDIU at any time regardless of their SC %.

Unemployability , by medical evidence, due to service connection, garners TDIU.

SSDI awards ,when solely for the same SC coonditions, contain, in essense an IMO, that supports a TDIU award.

[usmcgirl]

to me TDIU ratings are in every way equal to "schedular" ratings of 100% P & T. Only difference is with the IU is you get CHAMPVA and education benefits for your family. If it's obvious that the SC disablity(ies) keep the vet out work, the VA has to give the rating of 100% disabled due to IU. to be rated as 100% unemployable by the VA, all the disabilities considered must be service connected.TDIU rating lets the VA to assign a 100% benefit even when the vets schedular % of disability doesn't add up to 100%. The vet has to have "a rating of at least 60% with a single condition rated at 60% or more or the veteran must have a rating of 70% with at least one of the underlying ratings at 40%."

It's recognized that some ratings lower than 100% will greatly interfere with the veteran achieving and holding on to "gainful employment". And since the VA is all about employment, if ya can't work due to service connected conditions VA sees you as 100% disabled. But - the VA also knows that there are also some vets who would receive the TDIU benefit and then return to work and game the system. While the 100% schedular benefit doesn't restrict gainful employment, a veteran can't receive an "unemployable" benefit and at the same time be working a steady job - so to keep track of who was or wasn't working, the VA decided to simply ask vets to verify that they hadn't worked in the last year by giving us the 4140 form. The 4140 is a statement saying that the vet hasn't - or has for that matter - worked. Falsifying or not completing and returning the statement carries penalties up to and including loss of the benefit. Which is my understanding of it as it was explained to me.

[fedupvet9]

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.

COOL BREEZE: I started out @ 70% when I retired. Even that % was incorrect because the VA "conviently" left off a few disabilities hoping I wouldn't catch that. Even starting with 70%, which later was rose to 80% after I filed for those disabilities they left off, I NEVER received an "automatic" TDIU. I am paid at the 90% now, my overall "The VA Math" way, I am 91%. To this day I have NEVER received a TDIU application from the VA. I have had to file the form myself with my VA Rep. My last TDIU application took 15 months to be denied! I have now sent in new additional information before I Appeal. My back is SC 40%, neck 30%, Sleep Apnea 50%. I filed for those (3) three, they made me get (10) exams taken. 7 out of 10 affected me working and daily living in some way. 3 of the 10 "Significantly" affected me working & daily living! What does the VA do when those exams "they" had me take backfires on them.......they totally ignored those, didn't even mention them in the decision letter. They only went with the three I had filed for. I was 45 at the time of my VA exams & two of the first things the "VA Doctor" told me was, "My Medical Records were as big as 2 large phone books", & "I still had 20 years to work. He said "he" would HAVE to do something or go crazy"! I could tell he was biased "for" the VA because I "would" work if I could, I dont enjoy going to the doctors (41) times in 2011 alone, plus hurting extremely bad 24/7. Even on the "Significant Affect of work & daily living exams" the VA Dr wrote "should not preclude light duty or sedentary employment". He was putting "his" feelings into "my" situation because he told me from the beginning that "he would have to do something or go crazy"! So, the VA goes with what he wrote, & he didn't even ask me about somethings & said I was negative for Lasegues sign (which I think has something to do with the back or neck) but I am in fact positive. He also said I was negative for Bilateral Lower Extremeity Radiculopathy, but I am positive for that also! (Back to the "My med files big as two large phone books" he "didn't" research my medical file at all I'm sure of it! Anyway, I'm sorry to rant on and on, just trying to let off some steam brother to brother. I also posted a question earlier about Chronic Bronchitis, Sinusitis, Pneumonia, etc being wrapped into one named COPD. If you have any answers for that, I would be grateful. I am going to post my question about TDIU being denied soon because I will need alot of time for that. If you see that & have any answers, I would be grateful also. I wish you all the luck in the world with your claim. We have to stick together because it's obvious the VA could care less about us. If you haven't already filed for TDIU, I would advise that YOU do it, don't count on the VA to do it because they wont.

[stever]

to me TDIU ratings are in every way equal to "schedular" ratings of 100% P & T. Only difference is with the IU is you get CHAMPVA and education benefits for your family. If it's obvious that the SC disablity(ies) keep the vet out work, the VA has to give the rating of 100% disabled due to IU. to be rated as 100% unemployable by the VA, all the disabilities considered must be service connected.TDIU rating lets the VA to assign a 100% benefit even when the vets schedular % of disability doesn't add up to 100%. The vet has to have "a rating of at least 60% with a single condition rated at 60% or more or the veteran must have a rating of 70% with at least one of the underlying ratings at 40%."

It's recognized that some ratings lower than 100% will greatly interfere with the veteran achieving and holding on to "gainful employment". And since the VA is all about employment, if ya can't work due to service connected conditions VA sees you as 100% disabled. But - the VA also knows that there are also some vets who would receive the TDIU benefit and then return to work and game the system. While the 100% schedular benefit doesn't restrict gainful employment, a veteran can't receive an "unemployable" benefit and at the same time be working a steady job - so to keep track of who was or wasn't working, the VA decided to simply ask vets to verify that they hadn't worked in the last year by giving us the 4140 form. The 4140 is a statement saying that the vet hasn't - or has for that matter - worked. Falsifying or not completing and returning the statement carries penalties up to and including loss of the benefit. Which is my understanding of it as it was explained to me.

I,m somewhat confused, canyou get champva with TDIU? I thought you had to be P&T?

Edited January 2, 2012 by stever