Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Tdiu Unemployability Claim

Rate this question


Valenti

Question

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.

Link to comment
Share on other sites

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Any vet with a mental disorder rated at 70% should be able to get TDIU. I was 70% when I was actually awarded TDIU and it was for a mental disorder. I had no other ratings at that time. If you look at the rating schedule for a person with 70% for a emotional/mental disorder like depression or PTSD there is no way that person can hold down most jobs.

I really agree with you about the pool thing. I would have to drive almost 20 miles to us the VA's pool. I live close to MacDill AFB. I never considered using their pool. If it is an indoor pool that would be great.

I am sure you earn every dime as a caregiver. My wife retired to be my caretaker. Now I think I am her caregiver since her eyes give her trouble and she has a bad ankle. We are both in sorry shape as far as miserable conditions that will not kill you but make life a pain.

Where do you live? I know some good shrinks in Central Florida.

Link to comment
Share on other sites

To John99

Currently I am in Augusta GA, moving back to Omaha Nebraska in March (have family there that can help). So far her VA doctors have been real helpful in trying to help her get this as they see she isn't fit to be working. Really hoping the doctors in Nebraska will be as helpful. All her medical care is through the VA.

She only has been rated at 50% for her mental disorder (Dysthymic) the rest of her 80% is a variety of other things. If she got this TDUI I would be so happy for her, honestly I keep her out of the loop as much as I can cause it stresses her out more then needed.

Link to comment
Share on other sites

I just read something regarding the TDUI that has me a bit nervous to say the least.

My wife currently gets 50% for Dysthymic Disorder. As I stated we applied for TDUI, with a letter from her VA psychologist and psychiatrist. The letter however lists her as having a personality disorder.

I read that since personality disorder is listed when the VA opens up her records for this TDUI that they may tie her Dysthymic Disorder, to the personalty disorder. Since Personality Disorders are always considered a genetic or pre existing condition she may loose the 50% she is already getting?

Is this the case?

Link to comment
Share on other sites

each time a veteran opens their claims many things can happen. if there is a reduction in benefits the VA is required to send the veteran a "proposal to reduce" letter. Also, the proposal can not be based off 1 C/P exam, there needs to be a minimum of 2.

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use