tdiu Should I Be Worried

[vistagirl81 6]

My husband filed a claim for Tdiu, which was denied in October. The reason for his denial was because he was in school. They stated that since he was in school, then he can obtain a job. The problem is that he has not been in school for over a year and when he was he struggled. We appealed the decision. Then yesterday, I got a call from a regional office rep who stated that he had questions for me about my husband’s claim that was deferred ( he did not have any deferred claims). I asked which claim and he stated that it was the unemployability claim and he stated that the rater asked him to look into it and look at more notes on a vet center my husband went to once. Is this a usual practice? Why are they looking into a claim that they denied and said that it was deferred? Should I be worried? Thank you for your time.

[justrluk 76]

The VAROs do squirely stuff sometimes. I've had them call about other issues, so I'm not surprised. If they noted your 'push-back' due to the curcumstanses you describe, it's a good thing. If they're trying to confirm current status and other issues that might get him where he needs to be, by all means answer the questions. I believe your appeal triggered a review of the record and claim; if the VARO can resolve locally why wouldn't they??

I'd stay optimistic and see what happens. Keep records of why he's not in school, working, etc. Get opions from local docs, etc. to support your claim. Is he on SSDI (or other) program?

Others will chime in. Best of luck to you.