tdiu Tdiu Question

[COOL BREEZE]

Surprise. I just got a letter from the DAV concerning my decision. They stated the "severity of your service-connected disability may entitle you to Individual Unemployability. THis benefit enables you to receive compensation at the one-hundred (100) percent rate if your service-connected condition(s) preclude you from maintaining gainful employment. Please complete and return the enclosed VA Form 21-8940 and we will submit it for consideration.

Note- the VA didn't enclose this letter in my decision package.

As I am still working, even though I probably shouldn't due to the numerous medications I am on, I don't see how they will ever approve this. I haven't had surgery, been hospitalized either.

I think it would be a complete waste of time to submit this as there is no criteria here in justifying them approving this request.

Any thoughts?

[carlie]

CB,

It's SOP to get a 21-8940 (IU application) when you hit the 70% level.

You are correct - if you are employed it will be denied.

[COOL BREEZE]

Thanks. I don't want to waste my time and especially the VA as they have much more important claims to review!

[olddude]

CB,

It's SOP to get a 21-8940 (IU application) when you hit the 70% level.

You are correct - if you are employed it will be denied.

I have been 70% now for over a year now.I did not get a IU application when I hit 70%.All my 70% is service related.I put in for IU my self 9 months ago.I sent in a copy of my awards letter from social security showing that social security finds me unable to work.I all so sent the VA a letter from my heart doctor stating I can no longer work.I sent in everything they asked for .After 9 months my claim is still in the gathering information stage.

[Deacon 2011]

Olddude... same thing here; I never got forms from the VA that even hinted towards IU but they said they sent them (DAV rep. provided mine). I'm about the hit the 12 month mark since I've been waiting for a decision (still in development). I've completed all of the exams and such. Try to take the advice from the pro's here, find a hobby and wait it out but continue to check in here to remain educated on the process. Trying to figure out what he VA will/might/might not do will drive you crazy if you let it.

I have been 70% now for over a year now.I did not get a IU application when I hit 70%.All my 70% is service related.I put in for IU my self 9 months ago.I sent in a copy of my awards letter from social security showing that social security finds me unable to work.I all so sent the VA a letter from my heart doctor stating I can no longer work.I sent in everything they asked for .After 9 months my claim is still in the gathering information stage.