tdiu Question About Tdiu...recieved App Today From Va

[nbll01]

I received a letter in the mail today from the VA. It says that I may be entitled to 100 rate if I'm unable to work (Increased Compensation Based on Unemployability) Basically a form 21-8940 to apply for it. Is this the same as TDIU?

Let me back track just a little..Filed my claim in 2008 and was denied 2009..filed a NOD and went over 3 years in Dec. I was told by Peggy that a decision was made on Feb 1st on my NOD.

Would I be wrong to assume that my disabilities must have been service connected and at a rate where (ICBU) would even apply to send this form out??? ( OR am I just dreaming that they were) I have no service connected disability at present time.

Ive been going crazy waiting for the decision, I guess this is good news that it possibly could turn out really well???? Comments anyone, Thanks

[deanbrt]

Have you checked Letter Generator in Ebenefits? If not, do it right away. Your VSO is an idiot.

[indyman]

The VA did me the same way when I got my award kicking me up to 70%. My VSO did not tell me to throw it away but was not very encourging at having me apply. I did anyway and I just graduated to my 230th day wait. Hopefully, you did not have to go through Indy RO. Ive been told its a mess there.

[nbll01]

Have you checked Letter Generator in Ebenefits? If not, do it right away. Your VSO is an idiot.

We agree on that!......I couldnt believe he told me to trash the thing... He did a about face after telling me for 10 minutes why I shouldnt or couldnt fill it out, once he saw in the computer that the DRO specifically wanted it.

Checked unfortunately no change to eBennys......From what Ive learned another C & P is in store and then a DRO hearing so heres hoping. Thanks

[john999]

My DAV VSO told me not to appeal my denial of TDIU when I was rated 70%. I was already on SSDI. At that point I fired him since I knew he was just trying to protect his "win" for the DAV internal record books. I would still use a VSO for a DRO hearing for something that is not a really big deal or complicated claim. The VSO is a witness and a paper drop. That is about all. I find it upsetting that VSO's, in general, will encourage you to drop appeals when you get a win at the DRO or some other hearing.

If a claim seems complicated to me then I know it will probably fail with a run-of-the-mill VSO. I would go looking for a lawyer if it is worthwhile in terms of cash or some other benefit.

John

[Berta]

."I couldnt believe he told me to trash the thing... He did a about face after telling me for 10 minutes why I shouldnt or couldnt fill it out, once he saw in the computer that the DRO specifically wanted it."

What an a--hole.

The fastest claim I ever worked on ,when I used to do claims help from my home many years ago ,was a vet who had extensive psychiatric records as well as SSDI solely for PTSD.

I went over the TDIU form carefully and there is nothing on the form that says a specific % is needed to apply for TDIU.

He applied for TDIU, sent the VA his private med recs and SSA award and he got TDIU within a few months.

Also my husband applied for TDIU with 30%.His medical evidence (and other legal evidence) fully warranted TDIU. If he had lived , the VA would have awarded him TDIU instead of 100%.

The evidence VA had at time of his death ) under the Accrued benefits regs for survivors) fully awarded TDIU back to the last day he worked ( His 100% posthumous EED)

He died with that claim in progress and VA awarded 100% P & T retro for PTSD. They cant award TDIU if one is dead.

The VA is or will be working on his TDIU application when they adjudicate my pending CUE claim.His TDIU application involves a 1151 P & T issue so it has nothing to do with the 100% PTSD award.

VA however,(unlike a vet sending the TDIU form in themselves) will consider TDIU when the SC rating gets to 70%.

It appears that is the case here with Nbll01.

It is very disturbling that any vet rep would suggest a veteran Not appeal a decision.

This happened to me in 1998.I got some bogus reason that an appeal would not be proper because it was a 1151 dic award.

I had to file a CUE claim on that decision and that took 8 years for the VA to award.My rep was dead wrong and knew nothing about 1151 issues.

I had worked so hard on the 1151 DIC issue that I never questioned the rep as to the appeal potential.until it hit me years after the fact.

The lawyer for this vet org has never replied to me when I informed him that , although this same outfit would NOT support my CUE claim on this decision,I won the CUE last year, a cue claim that was needed because his rep didnt know 1151 regulations in 1998 and probably still doesn't.

These clowns cost US MONEY when they discourage us to appeal award letters.

I have appealed every single award letter I ever got.

Many Vet reps and VSOs have no financial incentive (as lawyers do) to support appeals and they want a claimant with an award, to accept it , even if it is wrong, because they don't care if it is wrong.

For all the good reps out there (and I know there are plenty) they probably work next to a rep ,with the same org., who has a thumb up their butt.

This VSO,mentioned in this thread, does not appear to even have a knowledge of basic VA 101 and probably as discouraged many other vets from appealing decisions they should have appealed.

This fast letter gives a history of TDIU and how VA adjudicates TDIU claims.

http://www.tftptf.com/Misc/TDIUFastLetter.pdf

September 14, 2010

Director (00/21) In Reply Refer To: 211B

All VA Regional Offices Training Letter 10-07

SUBJ: Adjudication of Claims for Total Di

sability Based on Individual Unemployabilit

Edited March 28, 2013 by Berta

[nbll01]

Berta, Your posts are always so good. You truely are a tree of knowledge for us all here THANK YOU. I hope your claims turnout exactly the way you want.

I recieved a call about 15 minutes after I posted the comment above yesterday from the VA. My claim was awarded 60% retro'd back to 2009 when I filed my NOD. Im still in shock.........

Several contentions were deferred as well as the TDIU........So you never know.

Youre right my VSO is a fool....if I wouldnt have stuck to my guns and went in for a face to face meeting...This could or would if I get TDIU costed me untold financial suffering. IEspecially if I would have to wait years more trying to apply for something I may well have gotten out of the gate.