tdiu Unemployability Question?

[W4LNY]

Last June I filed a P&C Claim for my feet, in November I was granted a Service Connection rated at 0% I immediatly appealed and have an appeal pending to the DRO since November. Suddenly the VA shows in January I have a claim pending for unemployability, me nor my rep filed an unemployability ckaim. I am considering asking the VA to close it, becaue I am sure I would not qualify.

I am afraid to close it though, because I am wondering if the VA themselves opened it for some reason, since no one knows why Iit was opened in the first place.

Anyone had this happen to them? Any suggestions on what I should do ask to cancel it or let it ride? Will it slow down my DRO review?

Thanks,

David

Edited April 27, 2013 by W4LNY

[meghp0405]

Do you have any other disability other than your feet? If not, you could be a victim of what some veterans call, copy and paste. The adjudicators review claims, then they cut and paste disabilities from one claim to another. This could be the answer, who knows with VA anymore. A perfectly good example (which I posted about 4 months ago) a male veteran visited my office and when I reviewed his rating decision, HE was awarded 50% for a hysterectomy. Now, any intelligent life matter knows who can and who cannot experience a hysterectomy

I really wouldn't worry about it, the next time you look, it could very well have disappeared.

However, if you receive a rating decision in the mail, and it has awarded you with 100% TDIU, you need to contact your veteran service officer quickly, for he/she will know what to do.

[john999]

Are you employed now, and are you able to work? Have you discussed unemployabiliy with anyone at the VA?

[W4LNY]

Never discussed unemployability with anyone, I went to the regional VA office to bring them a copy of my latest medical records, when they told me the unemployability claim was filed this january, the last thing I appled for was a DRO appeal in November, online it shows my orginal claim and says: contenrions: unemployability.

Now in my orginal C & P claim paperwork, that is on appeal now to the DRO, there was a statement about my work, basically I do securoty work and was at a site full time but I had trouble being on my feet for long periods directly related to my SC issues my company had to move me to another site at part time hours and less per hour pay rate.

I am wondering did the VA add the unemployability because of that statenent, or maybe it is just a cut and paste error, I just dont know.

[Shyne-I]

Hi W4LNY,

I believe that if you mention anything about your disability affecting your job or if they make any concessions or adjustment to your work schedule because of that disability; the VA will automatically apply Unemployability to your claim. They did the same to me when I wrote a statement saying that my disability affected my ability to work long hours and in stressful or in a non-temperature controlled environment.

[Legate]

It sounds like the VA decided there was an inferrred claim based on how your trouble impacted your work. I think that's more likely than a cut and paste error.

[meghp0405]

still, a veteran has to meet the requirements for TDIU..