Deferral On Recent Award Attached To Tdiu

[xpertshot]

Just wanted to share some information given to me by the VA in San Diego regarding claims deferred. In Jan 2012 I was awarded 70% for Major Depression and deferred for Rotator Cuff. I quickly filed for tdiu and recently received an answer to the Rotator Cuff. On the award letter it stated that they are still working on and deferred tdiu and Major Depression.

I was surprised to see Major Depression as deferred because they had just rated this in Jan. I went to the VA to get an explanation. This is what they said:

Major Depression is showing deferred to notify you that your service connected disability of "Major Depression" is the sole condition being regarded in whether they approve or deny TDIU. All the other conditions already rated will not be considered, hence not showing up as deferred as well.

I was concerned that maybe the VA was looking to lower my rating for Major Depression but appearently this is not the case. The rep I spoke with said the Rater would need to schedule a new C&P before they would lower my recently decided claim.

I sure hope this information, as it was explained to me, is accurate. If anyone has additional information to share with me, I would really appreciate it.

My wife and I are in the process of getting an apartment and would hate to commit to something I won't be able to afford if they lower my rating. I know what the VA told me, but for some reason I'm not 100% convinced with the explanation they gave. So, the worrying continues...

Thanks in advance for your comments and advice.

xpertshot

[john999]

I think you will get TDIU as long as you have evidence you can't work due solely to the depression.

[xpertshot]

Thanks john.