Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
Penelope

Thinking About Filing For Tdiu

Question

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.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

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.

Share this post


Link to post
Share on other sites

Ad

  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites
  • 0

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 7 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 7 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines