tdiu Thinking About Filing For Tdiu

[Penelope]

I think I have posted this is the wrong place, so I am re-posting it here.

I am trying to figure out whether I should apply for Permanent and Total and Unemployablity and when I should do that. Your thoughts are appreciated. I was rated at 60% for Chronic Fatigue Syndrome in 1994. At the time of the rating, the decision states that "extra scheduler evaluation is not necessary". They had also considered granting a 100% rating. I also had other medical conditions mentioned in the decision. In 2012, I was unable to continue working due to increasing medical issues. On my doctor's advice, I retired. It was not a medical retirement, I had my time in and was eligible. I also filed for Social Security Disability. The hearing decision has not come back, yet. I don't understand what is meant by extra scheduler evaluation not necessary." After thinking about the last statement, I think they didn't consider because they didn't have to as I was still working. I think I need to wait until 2015 to file the claim so that my 60% rating is protected. Is this correct? Thanks for your thoughts.

[infantry10]

You need to remember that the longer you wait to file, the less retro you're going to get if it's awarded. I don't think I would wait to file (if it were me) I'd do it as soon as I could.

[john999]

I feel you should file for TDIU now. If you get SSDI in the meantime that evidence will help with the TDIU. I was rated 70% back in early 2002. I had already filed for TDIU when I was 30% in 2001. If I waited for my 70% to be protected I still would not have TDIU plus P&T, plus housebound. That is hundreds of thousands of dollars difference as Infantry 10 says. Unless you have recovered from CFS I would file.

[Penelope]

Thank you for your responses. I am just afraid that they will try to take my rating away. I am within 1 year for it to be protected. It took me almost 6 years to have that granted. Physically, I am in no shape to go through all that again. It is going to take me a while to get a claim together to submit, as well. I am also trying to learn more about this entire process. Thank you for taking the time to answer my post.

[Penelope]

John999 -- I see that you are in Tampa. Have you heard of or have had any dealings with a group of lawyers from Stetson that are supposed to help Vets with claims? I remember reading about it in the St. Pete Times probably a year or so ago. Thanks.

[john999]

No, but there are quite a few lawyers in the area that will take a vet's case. There is a website that shows which lawyers are recognized to practice at the court of vet appeals. I would pike one of these guys. You can google "VA Lawyers" and probably get the site. I have a lawyer doing my claim. He is from New Jersey. Your lawyer does not have to practice in Florida. You can hire a lawyer after you file a NOD. They usually want 20% of your retro. They like to take TDIU claims because it means lots of retro.

Do you work at all? I was fired from my job at the post office when I filed for TDIU. I was only rated 30% at the time. All I knew was that I was going to get money from the post office, SSA and the VA if it killed me. I ended up taking a extensive tour of the disability programs including workers compensation, SSD, VA, OPM and private disability insurance.

[Penelope]

John -- I retired from the Post Office 2 years ago. They had been accommodating me for a long time, but things were changing. The stress of fighting with them, the fact that my medical issues were getting worse and the doctor told me I had to stop so since I had my 30 years in, I called it a day. I was originally diagnosed in 1979 and didn't know anything about VA or the VA claims until 1988. It took me a long time to have that claim approved. The fact that that was finally approved has been very helpful over the years. I have a lot to refresh myself with and new stuff to learn in filing this new claim. Thanks for responding to my post.