tdiu Tdiu Unemployability Claim

[Valenti]

I am the caregiver for my wife as such I am posting on her behalf.

In 2008 my wife was awarded 80% disability rating from the VA. The largest portion of her rating comes from Dysthymia disorder at 50%, the remaining being from physical alements.

In April of 2013 my wife became unemployed and as such had a mental breakdown.

She began to recieve additional treatment and was advised by a VA social worker to apply for unemployability, and we did that in July.

In November both her VA psychologist and psychiatrist signed off diagnosing her with Major Depressive Disorder, Anxiety Disorder, Dysthymia & Personality Disorder,(that is much more then her initial VA disability claim but I assume it is all inter related)

The letter continues to state that it is of their opinion that due ther her anxiety, depression, and pain are of such severity that she cannot establish or maintain substantial gainful employment at the present time and the foreseeable future.

I scanned in and attached this letter into her claim as evidence.

The claim although still under processing now states that she is slated to have a answer in April of 2014. I guess I am just curious as to what to expect next and the chances of her recieving approval in April?

I have read that although it isn't suposed to age will often be a factor in approval or denial. My wife is 36 going on 37 this year.

[Navy04]

You are well informed, you can mail form to her previous employer as to why she quit or was fired. She will have a C&P in the next few months, and go ahead and gather any civilian medical evidence as they usually take a while to get. The rest of the VA or Military medical records the VA will gather. Good luck and God bless bud. I took care of my mother who had Colon cancer from the time I was 5 until she died when I was 14, she was only 35. Your wife is very lucky to have you

[meghp0405]

you are going to need a letter from her mental health provider that states she can not work due to her service connected disability. Along with a letter from her previous employer, I think she will be awarded TDIU... But like it was previously stated, you never know what VA is going to do until you see it in writing..

[Valenti]

Thankfully she has the letter from both her psychologist and psychiatrist stating she is unable to work now or in the foreseeable future. However it does not specificaly say service connected beyond the Dysthymic Disorder that she was awarded 50% for.

VA doctors diagnosed her with Major Depressive Disorder, Anxiety Disorder, Dysthymia & Personality Disorder. So I don't know how they figure in the other disorders being they are so closely related. Do they award a percentage for each disorder (if it is service connected) or is it just the largest of all the disorders?

Where would I find the form that needs to be sent to her former employer?

[john999]

The personality DX is poison and should not be mentioned as a cause of her unemployability. Depression and Dysthymia are really the same thing. You could use a psychiatric IME to rule out personality disorder as any sort of factor in her inability to continue working. Personality disorder is considered a pre-existing condition that is not a medical mental disorder.

Are you being paid as a care giver by the VA? I had a PD dx in the Army, but the VA gave me a medical mental illness dx. Then 15 years later they tried to sever my SC by saying I was a PD.

John

[Berta]

John asked my question too.

The VA Caregiver program is explained here and regards caregivers of post 9/11 veterans.

http://www.caregiver.va.gov/support/support_benefits.asp

Also your wife might eligible for SSDI:

http://www.ssa.gov/disability/

A disabled veteran, if eligible for SSDI (Social Security Disability payments) can also retain their VA SC compensation.The SSDI criteria is in the link .

If SSDI awards a vet solely for the documented VA disabilities they have (such as in your wife's case, solely for her SC conditions, then this is good evidence for a VA TDIU or 100% SC award.

SSDI awards are definitely no help however for TDIU claims (even though they often come faster than VA awards) if they refer in the award decision, to NSC conditions as well.

I was a caretaker for two veteran husbands.

Day Treatment at the local VAMC was a blessing for me when my USMC husband had a stroke. The VA van picked him up and returned him home 3 days a week and I think he always got a chow hall chit slip.

I raised livestock at the time, and day treatment gave me more time to do the farm chores and everything else that needed to be done.- because he could not be left alone too long.

Last year (20 years after he had the stroke) the VA properly rated it and paid the accrued retro to me.

They rated it wrong however..100% P & T for 6 months but the medical evidence warranted 100% for almost years.

VA rates major CVA (stroke) at 100% for 6 months,and then rates the residuals.

They also awarded the SMC HB award, but his medical evidence warrants 100% in addition to the HB award for almost 2 years.

My evidence was from VA Central offfice, Voc Rehab, SSA, (he had two separate SSA awards), NYSDHE waiver on student loan due to stroke P & T , signed by a VA doctor, and some other stuff,all in VA's possession at time of the 1151 100 P & T CVA award last year.

[Valenti]

To John999

Yeah I an currently getting a stipend for being my wifes caregiver, she is at moderate level (she doesn't really need constant care as she does supervision).

The letter from her psychologist and psychiatrist are already attached to her claim and I contacted her psychologist to see if we can amend the letter or something.

In all honesty although the additional money would be fantastic I really just need to be able to get my wife on post/base so I can get her to use the pool on a daily basis. Getting into the pool a the VA clinic for a hour a week doesn't help much.

How does the VA deal with mental disorders as far as TDIU? Do they look at the issues as individually or the effect as a whole.