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Just a quick note here to say thank you for all of the help you guys have given us here. We got our 100% approval letter today! We worked for a long time for this, and you guys, as usual, were a wealth of information, and I swear, I don't think we could have done it without you.

I don't want to sound ungrateful, but I'm not finished. They rated him, and are only paying him backpay for a very short time. That, to me, is in dispute, and will be appealled. For this, I have a question.

Hubs told me that there's a certain percentage point that, once you get there, they automatically bump you up to 100% as unemployable. Does anyone know what that is? He thought it was 75 or 80% but wasn't sure.

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Posted

no automatic bumps to 100%. There are some regs but I don't know them. Search Hadit and you will find them in no time.

Posted

I think 70% is the minimum to be eligible for TDIU but, as RDAWG wrote, it is not automatic and you need to show that you have been unemployed for an extended period of time.

Posted (edited)

This is great news and now just put the trimmings on it and try to close in on what they finally need for the TDIU. I would not be working when you do this part of it. Hopefully you have either started the SSN or SSDI to get it coming in also. Big relief with just alittle more work to do . NEVER GIVE UP.....nope you did not . God Bless, C.C. not to be confused with C.C.C. hahahahah

Edited by Capt.Contaminate
  • HadIt.com Elder
Posted

The reg is 38 CFR 4.16 but there is no automatic increase. A key to winning is whether someone mentioned the word "unemployable" in any of the claim or medical records.

pr

Posted

Thanks, everyone, for the inforrmation.

They actually found him TDIU as a result of this claim, as it was one of the claims we were working for.

The reason I was asking about the automatic 'bump' is this -- Up until recently, he was rated at 30% for his heart, 10% for each knee and 10% for tinnitus, and he was paid at 50%. In August of 2011, he was increased to 60% for his heart, but we didn't know this until yesterday, because we had added to his claim, which added the additional time on the claim. That's why I was wondering about the back pay on that - since he was increased to 60%, that would put him at 90% disabled, paid at 80%. I was just wondering if that would have been eligible for 100% back to August of 2011.

Dean, he has been out of work since 2001, unable to work, so he probably has that part covered laugh.png .

Cap'n, see above. He has been unable to work since 2001. He went out on disability then, and filed for SSDI. We had a terrible lawyer, and it took us 7 years and a new lawyer, but he was found 100% social security disabled in 2008.

  • HadIt.com Elder
Posted

Iu clarification:

With a single condition must be 60 percent

Combinations must total 70 percent with 1 at 40 percent,

Hope this helps.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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