tdiu Tdiu Questions/lost In Process

[rebelranger]

So I'm 80% SC at rates of 60%,20%, and 10%. My VSO is the VFW and they sent me a VA form for TDIU with everything filled in and I just signed it. It just stated that I haven't worked since my last deployment and they with my Dr. visits and low GAF I meet the requirements of the federal statute.

So my original claim took over 28 months to get settled and I got a rather large retro, regardless how long does a TDIU claim take? Will I need another C&P? What information will they want? Is this like a new claim or will the start date go back to the original filing date?

Really some good advice will help me out.

[Berta]

"So my original claim took over 28 months to get settled and I got a rather large retro, regardless how long does a TDIU claim take?

Hard to even take a guess. I personally feel a TDIU claim can go faster then a regular claim. I hope you dont have a long wait.

" Will I need another C&P? "

Possibly.

"What information will they want? "

The TDIU C & P exam AMIE worksheet should be here under a search and that will give you a leg up.

Is this like a new claim or will the start date go back to the original filing date?

For this claim it will go back to the filing date of the TDIU form.

However,in some case, a veteran can get up to one year in additional retro , if the EED is determined to be further back then the filing date.

It depends on the evidence of TDIU.

Personal example:

Husband was 30% SC for PTSD.

He filed for TDIU in 1992.

SSA award for PTSD.

He was granted 100% for SC PTSD (posthumously in 1997)

The EED was in 1991, one year prior to his TDIU form date,because the medical evidence (the SSA award),indicated his TDIU status solely due to SC PTSD in 1991.

The VA doesn't award TDIU to a deceased veteran, they award 100% P & T instead.

Have you applied for SSDI benefits?

It is covered by question # 18 on the TDIU form but I feel it should be clearly pointed out in the Remarks Section if a veteran gets SSDI for the same SC conditions.

"My VSO is the VFW and they sent me a VA form for TDIU with everything filled in and I just signed it"

Did you keep a copy of it?

Why didnt the VA send you a TDIU form with the 80% rating?

Did tey state they considered you for TDIU at that time, but then denied it?

[john999]

The thing is with a TDIU claim there is more to it than just having an 80% rating and being unemployed. You need to show that the reason you are unemployable is solely due to your SC condition/conditions. I was 70% for a single disability and on SSDI for that disability and the VA denied my TDIU saying my unemployablility was due to drugs I was taking for NSC disability. I did eventually get my TDIU but it took another IME to get it, and then another IME to get P&T. TDIU claims are not slam/dunks. If your medical records state that you are unemployable due to your SC conditions then I think you are home free. I waited about 13 months after I got 70% to get TDIU via the DRO route. The VA nit picked my IME's to death to find a reason to deny. They used a half a sentence out of context in my first IME to deny the TDIU.

John

[MPsgt]

So I'm 80% SC at rates of 60%,20%, and 10%. My VSO is the VFW and they sent me a VA form for TDIU with everything filled in and I just signed it. It just stated that I haven't worked since my last deployment and they with my Dr. visits and low GAF I meet the requirements of the federal statute.

So my original claim took over 28 months to get settled and I got a rather large retro, regardless how long does a TDIU claim take? Will I need another C&P? What information will they want? Is this like a new claim or will the start date go back to the original filing date?

Really some good advice will help me out.

I concur with John and Berta. John and I share pretty much the same situation. I was scheduled for a second C&P exam 03/2013. They just recently sent me a Statement of the Case. It states why they denied me. The reason being, I'm not deemed unemployable. Never mind the fact I receive SSDI, Federal Disability Retirement, and my employer let me go for all the same reasons. My service connected disability. They will make you do another C&P exam. Regardless, of how difficult it maybe for you. I need to get an IME/IMO to booster my claim too. John's right, you too need to get an IMO/IME. Keep your head up and don't just go away. That is what the VA wants. Good Luck and God Bless!

[rebelranger]

I was never sent a form from the VA for TDIU. It was my VFW rep who said I need to fill it all out. My brown envelope didn't even consider TDIU for approval or denial. I have not been able to keep/get a job since I got off active duty.

No I didn't keep a copy of the record I was thinking the VFW would act in my best interest. --> Should I do another claim online through Ebenefits?

Another thing is I'm doing weekly meetings for PTSD, seeing my neuro weekly, seeing my social worker weekly, and then biweekly with another doc. How could I ever get a job with all these meetings? The VA only works during working hours so it's impossible to get anything on the weekend unless one is dying.

[rebelranger]

My GAF was 41 on the date of my C&P for PTSD and TBI. I requested over 8 months ago my C file and have never received so I don't know if my unemployability was addressed.

[john999]

The VA should have inferred a TDIU claim if they knew you were unemployed or had an employment handicap. Having an 80% disability should have triggered a TDIU consideration.