tdiu Individual Unemployability Decision/wait Time

[Sniperpeeps]

Hello all, first time poster but I have browsed this site for a while now. I have a claim in for increase due to unemployability and the claim closed last Friday, March 2 on ebenefits. I already recieve Social Security Disabilty for my service connected disabilities. My current rating is 90%. I am really stressing out right now and was hoping someone could inform me of a couple things. I called the VA direct deposit center and they told me I had no pending retro payments as of today. I have not recieved my packet yet, but the suspense of not knowing is making both myself and my wife nervous wrecks. From everything I have heard, I should for sure get IU, but I am so worried that they will deny me. I guess I'm wanting to know how long it normally takes to receive both the letter and subsequent payment if approved for IU. I searched all over the forum and couldn't find an answer to my question, I hope it's not a dumb question but I am seriously stressed right now.

[Sniperpeeps]

Well, claim for IU denied. Apparantly the fact the I recieve SS disability for nothing but service related conditions doesn't matter to them. Anyways, now to appeal. Any recomendations for a lawyer?

[71M10]

Sorry to here the bad news.

In the decision did they list the evidence from social security administration or did they not consider it?

If this is the initial decision and you informed them of the social security decision and they didn't get the records, I would look at filling a NOD and request a DRO review (hold off on the lawyer for now).

If they listed the SS items in evidence and they still gave you a denial - I would go the lawyer route.

Either way I think you want to go the DRO route (if this is initial denial) rather than go straight to BVA since BVA decisions are taking 3-4 years sometimes.

Best regards,

[cooter]

I too am sorry to hear this. I really thought your disability from SSA would of said it all for approval. Like 71M10 stated, was it even listed as evidence? What exactly did they say to deny the claim. Could you copy & paste the Reasons and Bases section of your denial here on Hadit so we all could go thru it with a fine comb, and hopefully give you a better headsup of what needs to be done. If you do, you need to cover up any vital info, like your name, SSN, address, ect. By doing this, hopefully we can save you a lot of money before hiring a lawyer. Like mentioned earlier, filing an NOD and requesting a DRO review will hopefully get you an approval so it doesn't have to go to BVA. Although, if it fails with DRO, then hiring a lawyer would be your best bet. JMO...

Coot

[Sniperpeeps]

Ok I can't copy and paste so I will jsut type out what the said

Decision-Evaluation of residual TBI , which is currently 10% disabling, is continued (why this was the only thing included in the decision is beyond me)

Evidence-

-VA Form 21-8940, Veteran's application for increased compensation based on unemployability received Aug 15, 2011

-A letter dated Aug 25, 2011 was sent to you advising you of the Veterans Claims Assistance Act of 2000 and informing you of what evidence is required to complete processing of a claim. This letter also furnished you information regarding disability ratings, factors affecting the evaluation, and how the VA determines the effective date.

-VA examination from Pensacola VA C&P clininc dated Sept 14, 2011

-Social Security Administration records

-Supporting statement from (my wife) recieved Sept 14, 2011

-Medical evidence from my current doctors

-The records in this case have been reviewed and the issues considered under the provisions of VCAA. All indicated development has been undertaken and all reasonable efforts to assist you in pursuing your claim have been exhausted. The evidence of record is sufficient to render a sound merits decision

Reasons For Decision

VA examination from Pensacola VA C&P clinic dated Sept 14, 2011 indicated your condition has not stabilized and the expected stabalization period was noted to be about 2-3 years. You reported experiencing daily headaches lasting up to 4 hours along with dizziness and vertigo. There was no weakness or paralysis. There was sleep disturbance, fatigue, pain, hypersensitivity to light and sound and psychiatric symptoms.

The evaluation assigned is based upon the highest level of severity for any facet of cognitive impairment and other residuals of TBI not otherwise classified as determined on examination. Only one evaluation is assigned for all the applicable facets. A higher evaluation is not warranted unless a higher level of severity for a facet is established on examination. Physical and/or emotional/behavioral disabilities found on examination that are determined to be residuals of traumatic brain injury are evaluated seperately.

It goes on to give my levels for all TBI related symptoms.

The evaluation assigned for cognitive impairment and other residuals of TBI not otherwise classified is based upon the highest level of severity for any facet as determined by examination. Only one evaluation is assigned for all the applicable facets.

The evaluation for residual of TBI, which is currently 10 percent disabling, is continued. The current 10 percent evaluation is based upon the highest level of severity 1, which was assigned for the following facets: memory, attention, concentration, executive functions; neurobehavioral efects.

References

Title 38 etc etc

Thanks to my wife for typing all of that for me. Why did they focus so much on my smallest disablity? I am rated for the following: PTSD-70%, Postconcussive migraine headaches (also diagnosed as classic migraines w/ aura) 50%, Tinnitus 10%, Residual of TBI (claimed as postconcussive syndrome) 10%, for a total rating of 90%. I am completely baffled by their decision. I recieve SS for those disabilities and no others. What do you think?

[cooter]

The evaluation for residual of TBI, which is currently 10 percent disabling, is continued. The current 10 percent evaluation is based upon the highest level of severity 1, which was assigned for the following facets: memory, attention, concentration, executive functions; neurobehavioral efects.

Above is what your looking at for the 10% they rated you. Click here to see if this might help you for a higher rating.

Coot

[Sniperpeeps]

Thanks for the link coot, what I am trying to understand is why the decision is based upon soley that disability. Also, why do any of them have to increase in severity for me to be unable to work? So do you think I should get a lawyer or what? If I wanted to contend or increase my actual ratings, I would appeal my first claim that rated me at 90% but I am not saying any conditions have worsened, only that I can't work with my current disabilities, namely the headaches I get sometimes twice daily. My understanding of IU was that it was based on basically the same things as social security disability, in which case I qualify. It seems like they focused only on that one disability and its effect on my ability to work, and not of all my disabilities.

I know what the NOD is, how to I do it, what should I include, etc. and what is DRO?

Edited March 13, 2012 by Sniperpeeps