tdiu Do I Appeal? What Would You Do?

[fiasco007]

So I recieved my proposed rating of 90% "see below". I know they low balled me on a couple of issues, and a couple of those "10%'s" could/should easily be 20-30% or more. Since I got 90% already, "I feel lucky and fortunate to recieve this much"

Is there any benefite to me appealing their decisions on some of the below contentions? (NOTE) I dont think any of my contentions that I would appeal would garner a 50% or more rating. Maybe 50% if I am lucky.

Since I am at 90%, can I apply for the TDIU even if I plan on working when I get out?

Edited July 28, 2012 by fiasco007

[john999]

If you are going to apply for TDIU you can't work. Keep going to the VA and maybe some of your conditions will get worse and you can appeal and get 100%. It is really hard to get from 90% to 100%. I know since I am 90%. Like you say, you need at least another 50% to get to 100% schedular. How much can you earn? If you are under say 50 years old and can get by on your work income and your 90% I think I would rather work and maybe get vocational rehab.

John

[fiasco007]

If you are going to apply for TDIU you can't work. Keep going to the VA and maybe some of your conditions will get worse and you can appeal and get 100%. It is really hard to get from 90% to 100%. I know since I am 90%. Like you say, you need at least another 50% to get to 100% schedular. How much can you earn? If you are under say 50 years old and can get by on your work income and your 90% I think I would rather work and maybe get vocational rehab.

John

Thanks John,

I will definitly be working when I get out. I am only 37, and cant picture myself at home with the wife and kids and not having an escape that I go to everyday. So is there a difference between being 100% combined, and TDIU?

just for gee-whiz purposes. suppose i get several of my conditions a higher rating. Can you go over 100% and still work? Can you even go over 100%?

Edited July 29, 2012 by fiasco007

[broncovet]

If your depression claim was applied, but not adjuticated, file a NOD on the basis that they neglected to consider your depression claim. In some circumstances, the VA failure to adjuticate is "deemed denied" by the courts.

If you plan to go back to work, then dont apply for TDIU. The VA will find out about it, and it wont be a good result.

With TDIU you have to "recertify" every year that you are unemployed..it isnt a one time thing.

To get to 100% from 90% you dont need another 10%...you need another 50% rating...its the VA math.

[broncovet]

A 100% rating does not preclude employement. However, there is some discussion as to whether a 100% mental disorder precludes employment, because the schedule of rating disabilities for mental disorders states that 100% is total occupational and social disability.

[deanbrt]

If it is 100% and TDIU and you work I think you are asking for trouble. Different story for 100% Scheduler.. Although there again I think if it is 100% you are inviting ,more scrutiny. Better off with 90% if you want to work. My opinion....

[john999]

Yes, you actually can go over 100%. If you get 100% plus an extra 60% you get "housebound" which is an extra 300 some odd dollars a month. You can also get special monthly compensation for a number of conditions that would pay you more than 100%. I got TDIU plus 60% and I got "housebound". With your rating you could get vocational rehabilitation which is training which pays for all your materials for schools and gives you monthly money. That is if you can't find a job. You can get unemployment while you look for work. If I was 37 I would want to work as well or go to some good school where I could get a job that I could do with my disabilites. No physical labor jobs. I worked at the USPS for 20 years and that made my problems worse due to hostile working conditions and the work itself.

John