ptsd Should I File Tdiu Before Receiving A Decision?

[jjmd]

Hello fellow veterans! As always I appreciate your help

About two months ago I had C&P exam for PTSD, depression, etc. I am not shure how long it's going to take before it goes to the rating board. currently I have no job, no income and it's slowly destroying me. The last job I had was in 09. Did not last 3 months. I resigned before getting fired ( too many complains about my performance at work ). I started using GI bill to servive, taking one and two classes a semester. However, I was barely living due to depression. That is when I filled for disability because I could not no longer lie to myself that I am ok and get through it.

My question is, is it possible to file for TDIU before getting a rating?

[cooter]

You can file a claim at any time. Depending on the issues at hand, you may not want to. Right now I see your rated 0%, you just had a C&P exam 2 months ago for PTSD, depression, etc. What is the etc? How long ago did you file your claims? Do you have solid evidence in your files to be granted SC? There are to many issues to be answered before your question can be truefully answered.

Where I'm getting at is, if you think there's a good chance of getting 70% from your disabilities, then more than likely they will inferr TDIU for you. Which means the VA will consider TDIU without you filing a new claim for it. You still have to fill out the TDIU form VA 21 8940.

If you think your chances are nill to none, then depending how long your claim has been filed will determine which way to go. Since you just had your C&P exam I would wait till the decision is final first. Cause if you file TDIU now, all your doing is prolonging the current claim until the new claim is processed so they can adjudicate both claims together. More than likely.

You could file for hardship on form 5655 (Financial Status Report) to try and get things going faster. I've heard some pro's & con's on this as well.

If I were in your shoes, I would wait till this current claim is adjudicated to see where I stand. JMO

Coot

[retiredat44]

I myself, have thought aobut this too as I am at 50%,.. but feel I can easily get 100% p&t. As I can never work again, and haven't worked in more than 16 years. My VSO never even brought up TDU.... I feel it is a failsafe.. unless I am wrong, I am looking how other handle this matter when they are at 50% and are awaitng several decsions from appeal...

MY appeal has only , so far, been up to a DRO hearing, with no final decsions made, any frakkin day they should come... as the hearing was December 2010.

I have 6 issues on appeal. Some can bring 50% and more... others others as low as 10%....

In any case all I need is an easy 20% which I feel is very easily obtainable, but stil would consider that a great loss, but would leave me with the tdu option.

[Philip Rogers]

I would file for TDIU now, as they generally won't consider TDIU until they receive an application. I filed 4 TDIU applications, just in case, during my 10yr claim & appeal process. jmo

pr

[Philip Rogers]

retiredat44 - you say all you need is 20% but remember the VA uses the Combined Ratings Table. That being said, if you can't work, "why wait?" File now!! Unemployability doesn't require any specific percentage. (see 38 CFR 4.16b) jmo

pr

I myself, have thought aobut this too as I am at 50%,.. but feel I can easily get 100% p&t. As I can never work again, and haven't worked in more than 16 years. My VSO never even brought up TDU.... I feel it is a failsafe.. unless I am wrong, I am looking how other handle this matter when they are at 50% and are awaitng several decsions from appeal...

MY appeal has only , so far, been up to a DRO hearing, with no final decsions made, any frakkin day they should come... as the hearing was December 2010.

I have 6 issues on appeal. Some can bring 50% and more... others others as low as 10%....

In any case all I need is an easy 20% which I feel is very easily obtainable, but stil would consider that a great loss, but would leave me with the tdu option.

[Notorious Kelly]

jjmd,

I'm sorry for the difficult times you're going thru.

Thank you for your service and don't be too proud to seek and accept any type of assistance from veterans and social service agencies.

You deserve it as much as anyone.

Good luck!

[retiredat44]

retiredat44 - you say all you need is 20% but remember the VA uses the Combined Ratings Table. That being said, if you can't work, "why wait?" File now!! Unemployability doesn't require any specific percentage. (see 38 CFR 4.16b) jmo

pr

I thought you had to be at 60% or 70%?

my vso never even bothered to bring it up...