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Form 21-8940


alan

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The TDIU form is a formal claim for Total Disability Due to Unemployability.

The vet has to be unemployed or making wages below the poverty level and they have to show the VA their SC disabilities render them unemployable.

The decision for TDIU is a medical one, based primarily on the vet's medical records and lack of substantial employment.

If a vet gets SSA benefits (or is going to apply)for disabilties they claim are due to service-check Yes to # 18

and under Remarks # 24 tell them what the SSA award is for if you have one (you can attach a copy of the SSA award letter too)

Use the SSA date of unemployment for # 12. Or last day you worked.

Section one is clear as to where any records are to prove the claim.

You can refer them to an attached page and list this info there-if you have been treated in many VA or private facilities.

Section 11- it helps to have your annual SSA wages statement when you fill this part out.

That too should be attached (copy) to the TDIU form and referred to under Remarks #24.

They are focusing on your last five years of work in # 16-much of the rest is self explanatory.

Under 22 -if the VA has turned you down for Voc Rehab, tell them date of this decision and why they turned you down.

Under Remarks # 24- You can refer them here to any additional info you have attached and also list and tell them of your SC medications and the side affects they have that make it difficult for you to work.

One of my vets attached to this form an IMO he had already gotten which his private psychiatrist wrote for him with a PTSD diagnosis, statement regarding the treatment sessions, results of his MMPI and a GAF score and also the veteran's wife made a statement that was attached. His DD 214 was attached also showing Vietnam service and combat awards.

A vet can attach to (and tell them it is enclosed under Remarks section) any evidence at all that will help VA make a proper decision on this benefit.

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I know that you don't have to file a formal TDIU form, but I think filing the official form will get their attention. The VA loves official forms so any chance you have to use a VA form I would do it sooner than later.

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Guest jangrin

John999,

Your absolutely right. It seems lately we have read about alot of people that have recieved their ratings but the VA did not consider IU and they have had to resubmit the form and then they recieved the award for IU. They should have been rated for IU all along. I think filing the form saves time when you are already playing "the waiting game".

Jangrin :unsure:

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When I filed some of the last claims I turned in for my husband, I requested that they look at unemployability, also. As each claim/claims were decided, the unemployability issue was deferred. This was due to the fact that he did not actually have anything in writing at that time that he was unemployable, nor had they rated him for one disability at 40% with a total disability at 70%. But, since they had other claims of his to decide, they could not actually yet make a decision on his unemployability. Finally, his psychiatrist wrote in her report that he was unemployable solely due to his PTSD. The C & P examiner agreed with her in his report. He then got his PTSD increased and also his skin condition increased. Both were rated higher than 40% and his total disability went beyond 70%. Before he received this final decision, they sent him a TDIU form to fill out and return. We immediately did this. When he got his final decision, they approved him at the 100% rate TDIU P&T with no future exams, along with the PTSD and skin condition increase. I personally think that if you are after unemployability, file it regardless. The most they can do is deny it or defer it. They even went back to the original date that we filed for the unemployability.

Also, a couple of years ago, they changed the rating schedule for skin conditions. If you have the skin condition on more than 40% of your body, then you can get 60% for this condition. But, you must have a doctor to state this fact. I found this just by coincidence and refiled the claim for my husband. He had been at 30% for years. I didn't realize that the rating schedule had changed.

Not sure if any of this will be of help to anyone, but I have found that just posting information like this from others can sometimes help someone else out. This was only experiences that we went through.

mssoup1

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I am beginning to think that if the vet does not bring up IU the VA will just ignore it. I know my DAV SO ignored it when I hit 70%. The A**hole discouraged me from filing for it and discouraged my appeals. I am dealing with the St Petersburg Florida Regional Office and I swear they are the worst. They give nothing away and you have to fight for every rating no matter what the evidence.

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The vet I mentioned in the first post regarding Alan's question had no SC rating at all-

his private medical evidence made the claim succeed at VA.

I attach the TDIU form to any NOD I help with or I send one to the vet -if they are unemployed and their SC disability could be affecting their employability-

I agree with what John just said-I used to think the TDIU form had to be provided by the vet rep-

then a few years ago I found this form at the VA web site and I have sent out plenty to email vets as well as attached it here countless times-

I think some vet reps are too lazy to get up from their chairs and go to a file cabinet to pull one out for the vet.

And why mention it to a vet at all- if the VA fails to consider TDIU and they should have- just more work there for the vet rep-they might actually have to recommend and help prepare a NOD on it-

John- I think my RO is the worst-

I feel that if a SO advises you against filing as TDIU form-yet medical evidence warrants an award and could have at the time you wanted the form- that SO can be sued as they have caused you damages-

you cant get the retro unless you succeed in a CUE claim-and that is harder to do than getting the vet rep or SO off their chair to pull out a TDIU form.

MSSOUP this is GREAT!

"They even went back to the original date that we filed for the unemployability."

If you mean a date prior to their recipt of the formal TDIU -good for you!

a vet can push for it- and maybe squeeze another year retro but usually this is hard to do without the TDIU form having been filed.

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