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Tdiu That I Did Not File!?

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FMFDoc77

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Hello I'm looking for a few questions in regards to TDIU. First of I am already rated at 60%. 50% PTSD with Major Depressive Disorder, 10% Irritable Bowel syndrome, 10% Tinnitus and 10% for Degenerative Arthritis Lumbar Spine. I also work for the VA, not a Regional Office but I do work in Release of Information and know a great deal in regards to claims as part of my job is assisting fellow Veterans in getting their records and fullfilling requests from Regional Offices for records wnen a Disability Claim is filed. With that being said I have had a lot of issues since my return from Iraq the second time when I was near the Balad Burn Pit for a year. I was diagnosed with narcolepsywhich has been in appeal almost three years along with a slew of other unknown issues. I recently had my Primary Care Doctor(PCP) at the VA fill out the VA FORM 21-0960Q-1 CHRONIC FATIGUE SYNDROME DISABILITY BENEFITS QUESTIONNAIRE. I also recently have been missing a lot of work due to a lot of these undiagnosed issues and had to get FMLA paperwork which my PCP filled out as well. The VA actually tried to talk me into a Medical Retirement. I have not gone through with this because I simply can't just quit work and draw the small retirement check along with my 60% in VA Disability. I know eventually in time it would all come together and I could request TDIU but I was waiting on my appeals to come through. Long story short I get on eBenefits today and there is a new claim that I did not submit. It is for chronic Fatigue Syndrome, Fibromyalgia and TDIU. Yes you read it right, I did not file for any of this. I did however send the Regional Office some evidence to add to my C-File which consisted of that Chronic Fatigue Syndrome paperwork in which I asked to be added to my appeal for the narcolepsy. I sent them my FMLA paperwork which shows a slew of iisues to include possible fibromyalgia and I simply put on the Statement in Support of Claim that I have been missing a lot of work...had to get FMLA paperwork...that the VA recommended I retire but I couldn't because all of my issues were in appeal. Pretty much I sent that stuff in as more evidence for my appeals and poof there is this new claim. Is this normal??? Who would put me in for TDIU because I did not. I'm all for it but really I did not file for it yet. I have also not claimed the fibromyalgia, although it is listed as possible on my FMLA paperwork and I have missed a lot because of it, it hasen't officially been diagnosed let alone a claim for it put in. Did the Regional Office just decide with all of my evidence that they submitted it for me? I am currently still working, although I miss a lot so how would they put me in for TDIU. Any input to this would be much appreciated because I'm confused!?

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If I were you I would do nothing until the decision arrives.

Technically you are unemployed now..........I assume you are still on leave.....

Sometimes ( and I believe more times then we ever know here)

the VA does the right thing at some point.

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No I'm still employed and only take off when I'm really bad-usually a few days a week. I may go ahead and start the process for Medical Retirement since the ball is already rolling on the VA side. I assume they wouldn't open up a claim on their own if it would be denied!?

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If you start the ball rolling for medical retirement you have to file for SSDI as well under FERS. FERS pays such a small amount you will sure need the TDIU. SSDI requires that you be unemployed from gainful employment for six months before you get benefits. If you could somehow get TDIU I sure would take it. It is probably more than your FERS and SSDI together. I got FERS, SSDI and then TDIU but it took over a year. There is a lot of slack in the disability programs. A person could starve waiting on all three.

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john999 I here ya brother, that is why when they recommended Medical Retirement I didn't immediately do it because it takes time as well and as soon as they send your paperwork to OPM you have to stop working and just wait and then try to file for TDIU and wait on that as well. I was trying to hold tight in hopes of my appeals coming through and then I should be 100% without messing with the TDIU but it looks as if the RO did an informal claim on their own based off of documentation I have sent in.

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