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.

[carlie]

I was rated at 60% for Chronic Fatigue Syndrome in 1994.

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.

Other's will most likely disagree with the following and that's fine by me - BUT . . . .

With you being so very,very close to have that rating of 60%, protected from severance

or reduction (other than a showing of fraud)

there is absolutely no way I would submit a claim to VBA for anything at all,

until that date passed on 2014.

This is JMHO - Yes, it's completely true that if you file for an increase to say IU,

the effective date is supposed to be (in most cases) the date you submit the claim,

so yes, if and when it is granted you would/could loose some retro.

There is also a 12 month reg (regarding evidence of record) that might be applicable to you down the road

for on a claim for IU. This could get you some retro on the IU if/when it is granted.

Perhaps someone will post it.

Remember for IU, it has to be due solely to SC'd disabilities.

Editing to add:

About one year ago my therapist at St Pete Vet Center, provided

me with a business card for the law students at Stetson.

I do not know where it is right now.

Would you like me to get another card at my next appointment and pass the

information on to you ?

[Penelope]

Carlie -- I would appreciate it if you would get a card for me. I had saved the article, but can't find it right now. I think I am just going to research until I feel comfortable and then file in 2015 and see what happens. Thank you for responding to my post for help.

[Penelope]

I down-loaded VA Form 21-8940 last night to look at it and am wondering what VA's definition of full-time employment is. I had my job for a long time and was hired as a full time employee, but my VA doctor and reduced my work schedule from 40 to 32 hours. I think I would use that date as the date my disability affected my full time employment. Also, is there a particular form to use to request Permanent and Total? Thanks for your help.

[Ben0009]

There are cases where 32 hours is considered a full weeks work and a full time job. I know or knew places that only worked 4 days a week for various reasons.

[john999]

No form for P&T. If you get rated 100% or TDIU the VA will decide if you are P&T at that time . If they deny Chapter 35 I would appeal that and submit evidence that my condition is static.

[Penelope]

Thank you, John. Is there a vocational or occupational person you can recommend in our area to contact for an evaluation? Thanks again for your help.