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Need Some Advice... I Want To Apply For Tdiu

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jdman

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jdman Enthusiast

jdman

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Hello everyone,

I just recently was awarded 70% SC for Major Depressive Disorder. That is the only thing currently i am rated for other than a broken hand(0%).

I am a Federal employee. I haven't worked since Sept 2011 due to PTSD and MDD. I did 3 tours in Iraq and Afghanistan. When I have had ALL of my Psych Evaluations they could not differentiate which symptoms are the most debilitating to me so they put them both as co-morbid.

I am wanting to file for TDIU since i am 70% SC for MDD and cannot work. Everyone has deemed me totally disabled. When I apply for TDIU are they going to not award due to my civilian PTSD. They both affect me honestly. Just need some advice on this one.

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free_spirit_etc Grand Master

free_spirit_etc

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jdman,

If they can't separate out the effects of a SC condition from a nonSC one - then it is all supposed to be attributed to the SC condition.

Have you applied for SSDI?

Think Outside the Box!
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free_spirit_etc Grand Master

free_spirit_etc

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Ah.. Here is what I was looking for:

http://www.va.gov/vetapp12/files2/1209085.txt

"Furthermore, when it is not possible to separate the effects of the service-connected disability from a nonservice-connected condition, such signs and symptoms must be attributed to the service-connected disability. 38 C.F.R. § 3.102; Mittleider v. West, 11 Vet. App. 181, 182 (1998) (per curiam).)"

Think Outside the Box!
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Berta

Berta

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GREAT info free spirit!!!!!! You do very good work here finding this stuff!!!!!!

That citation is a beauty and I sure forgot about it!!!!

"I am wanting to file for TDIU since i am 70% SC for MDD and cannot work. Everyone has deemed me totally disabled. When I apply for TDIU are they going to not award due to my civilian PTSD. They both affect me honestly. Just need some advice on this one"

What did the VA say as to consideration of TDIU in the 70% award letter you got , or were you employed at that time?

Since you have 70% SC for MH issues,, VA has already determined that your military service caused the PTSD.

It is certainly most likely that the inservice PTSD has excerbated any on the job stressors.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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