tdiu New Here, Have Tdiu Filing Questions.

[confusion99%]

Just found this site while looking for VA compensation answers. Hopefully someone can give me some opinions and logic behind them. So to start with:

1. Just received closure on most pending claims and received a total of 80% rating....60% for IHD

2. I am planning on filing TDIU claim.

3. Also have one issue needs a NOD

4. have one pending issue

5. have one new contention to file for.

Here are my questions.

Since I am filing TDIU, if approved, makes the other stuff not so important, as would have my 100% Nothing in the other claims would effect DIC as they are minor ailments. Nothing I will die from.

So, OPTION 1. Should I file the TDIU and let the other stuff stay on the back burner?

OPTION 2. File TDIU, submit NOD, send more evidence on pending claim, file new contention all as fast as I can.

OPTION 3. File TDIU and submit evidence on pending claim.....leave new stuff and nod alone for now.

Then next question.

I have talked to 3 different Service officers....have three different suggestions on how to go about this.

Advice # 1. File form 21-8940 by itself and nothing else....Logic have met percentage requirements so that should be enough.....I guess it's don't confuse them with facts.

Advice #2. File form 21-8940 with a letter explaining why my SC disabilites make me qualify for individual unemployability. Send Form 21-4142 for my Doctors release of info to cover my three doctors and let the VA send them request for info.

Advice #3. Hire a Lawyer...it's too complicted

My Plan Option 4....File form 21-8940...send my letter explaining how my three major disabilities each contribute to my inability to find and maintain substancial employment. Get DBQ and/or letter from each doctor explaining why I should not be working and should be considered unemployable, get Buddy letter from my previous immediate boss explaining problems I had at work, amount of time I missed due to SC disabilities, and why there was a mutual agreement for my termination. Also the fact that I had later attempted to be rehired by same company, different location but was not hired. Attempt to get the form concerning my last employer (forget the number), that they normally don't return to VA, and try to get it filled out, or at minimum a statement on the form from previous employer's HR that they no longer have that information, or it is their policy to not provide it. AS a side note, the purpose of the Buddy letter from previous boss is an attempt to provide the same information that the form would have provided, just through a different avenue. It has been almost 5 years since I last worked, Was on SSD from the time I stopped working until I turned 66 then was shifted to regular SS retirement. I was not going to bring up the SSD as it contains both sc disabilites and non-sc disabilities as the reason fro granting the claim.

My logic was to give them as much info as they are going to ask for anyway, hoping that they will use that instead of rescheduling new C&P's or losing paperwork, or the Doctors responding in a way that is not worded the best for my advantage which my way, I have some control. With all the info I provide, hopefully they can make a decision with the info and go with it. I guess you could relate it to a FDC claim which I cannot file since I have pending claim ongoing right now. The main C&P stuff they would be interested in was just done this past July, so it isn't like they are dealing with old information that they have right now. I just got rated with this stuff anyway so it is all up to date.

So is it Advice 1,2, or 3, or my option??? Or can you provide a new and better approach, combination of all or something??

Sorry this is such a long post, but People don't seem to understand my situation unless I try to spell it all out. So please provide some assistance if you can so I can make something start happening.

[jbasser]

A claim for IU is not really a claim at all. It is considered an increase of a condition or conditions that prevent you from working.

You can fill out the 21-4138 and ask for an increase in your conditions and IU. Now all conditions may be considered as you may even qualify for a SMC when it is all said and done.

J