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Should I File Tdiu Before Receiving A Decision?

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jjmd

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jjmd Apprentice

jjmd

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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?

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#1Cavtrooper Proficient

#1Cavtrooper

Posted
Posted

With my initial claim my vso (who is in Albuqueque, NM now) advised me to file for Tdiu because she felt I had a strong claim. And also it will preserve my earliest effective date.

Why arrive at the grave relatively unscaithed, rather than to skid in sideways yelling "Holy Crap! What a Ride!"

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retiredat44 Veteran

retiredat44

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Posted (edited)

I don't qualify at 50% because of the requirements:

I definitely meet #1. Am unable to ever work again.

That's what I was trying to say,, I don't know where you got the 20% rule...

is there a link?

It is confusing hearing different info..

I have had older vets tell me the same rules I posted..

plus what I posed is from a lawfirm for vet disability.

Ok, here is a thread in this forum, that says about the same thing..

I need to wait for my claims to go through, if al my claim don't bring me up to 100% I will do TDIU..

I will definitely get 100%. it's just the damn waiting..

=========================

==============

Basic Requirements to TDIU

In order to qualify for TDIU consideration, the veteran must meet two threshold requirements. These are:

1. Is the veteran unable to secure, or follow substantially gainful occupation as a result of a service

connected disability or disabilities?

2. If the veteran has only one service-connected disability, is it rated at or above 60%?

3. Or, if the veteran has a combined disability of 70% or more, is one of the disability ratings at least 40%?

If so, the veteran is entitled to consideration for TDIU.

If it is awarded, a TDIU award may be temporary or permanent depending on the facts involved.

============

Edited by retiredat44

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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Philip Rogers Grand Master

Philip Rogers

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  • HadIt.com Elder
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retiredat44 - how's that saying go . . . you can lead a horse to water but you can't make them drink! Have you read 38 CFR 4.16(b)? Actually you should read the whole 38 CFR 4.16(a&b). I believe you can find a link on Hadit.com's home page. Good luck!!!

pr

I don't qualify at 50% because of the requirements:

I definitely meet #1. Am unable to ever work again.

That's what I was trying to say,, I don't know where you got the 20% rule...

is there a link?

It is confusing hearing different info..

I have had older vets tell me the same rules I posted..

plus what I posed is from a lawfirm for vet disability.

Ok, here is a thread in this forum, that says about the same thing..

I need to wait for my claims to go through, if al my claim don't bring me up to 100% I will do TDIU..

I will definitely get 100%. it's just the damn waiting..

=========================

==============

Basic Requirements to TDIU

In order to qualify for TDIU consideration, the veteran must meet two threshold requirements. These are:

1. Is the veteran unable to secure, or follow substantially gainful occupation as a result of a service

connected disability or disabilities?

2. If the veteran has only one service-connected disability, is it rated at or above 60%?

3. Or, if the veteran has a combined disability of 70% or more, is one of the disability ratings at least 40%?

If so, the veteran is entitled to consideration for TDIU.

If it is awarded, a TDIU award may be temporary or permanent depending on the facts involved.

============

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Philip Rogers Grand Master

Philip Rogers

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Personally, I'd apply now. I see no reason to wait. You have no rating, at this point, and I can see no reason they may award TDIU, w/o an application. Remember being "unemployed" does not equate to "unemployability." I feel waiting just delays the TDIU issue. jmo

pr

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?

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cooter Mentor

cooter

Posted
Posted

PR & Gulf vet

Although your information is correct to file now if your reasoning is just for EED, but since jjmd is rated 0% and is in need of income, wouldn't it be better to leave be than to file for increase that very well could delay his current claim even further. JMO..The vet is broke and to make it worse, has MH issues. filing for TDIU now is just taking chances delaying money he needs now. I remember when I was granted 60% for a single issue they inferred TDIU at the same time but was denied. But I still received my money without having to wait any longer if I had filed a new claim before this was adjudicated. Again, JMO.

Coot

!!!BROKEN ARROW!!!

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