tdiu Construction Of A Tdiu Claim

[Penelope]

I am working on putting together my TDIU claim. My problem is what to include in the claim. Some of the documentation that I have seems unnecessary. I have a letter from my doctor saying that due specifically to my medical condition (service connected at 60%) I can no longer perform or maintain full time or gainful employment. I have the paperwork from my last employer showing my last date worked. I have copies of my VA claim file, SSDI file, VA medical file and am getting my medical file from the family physician.

What I am not sure is needed are numerous letters from my VA physician saying that this condition is permanent and all the documents supporting the difficulties at work since the 1990's related to this condition and work restrictions. Other than the statement saying that its permanent. None of it mattered as long as I was working and didn't qualify for TDIU. I think what matters now is the fact that I am no longer working due to the condition.

How do you decide what to include and what not to include? Thanks for your time.

[jbasser]

Is your SSDI based solely on service connected medical conditions? SSDI is a big factor.

IU is treated a claim for increase. Submit the paperwork to the VA Here is the form: http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Fill it out and submit it and the 21-4138. With everything you have, it can be done as a Fully Developed claim.

Basser

[Penelope]

SSDI is based on the Service Connected condition, but also conditions that are secondary. For example it states Chronic Fatigue Syndrome (which is what I am service connected for), Epstein Barr (the elevated titers level for Epstein Barr is considered a test for Chronic Fatigue Syndrome), Sleep Apnea (sleep disturbances related to Chronic Fatigue Syndrome), and allergies. Everything relates back to CFS. I don't think the decision is going to hurt me by including it. Is there any specific wording that I should have my doctor address. If there is, I will ask him to rewrite his letter.

Thanks.

[Navy04]

JB,

Is on the money, send in what he listed, and send all the Doc reports from recent years. Don't backwash your claim with 10k documents. The deeper the pile for the VA, the easier for the VA to miss something important. Good luck and keep us posted

[Berta]

" I have a letter from my doctor saying that due specifically to my medical condition (service connected at 60%) I can no longer perform or maintain
full time or gainful employment"



If the doctor who gave you the letter gave a full medical rationale for their opinion, than I think that is excellent evidence for TDIU.

Va will contact your former employers for their info.

As John said, a SSDI award solely for established SC conditions is excellent evidence of TDIU. In your case, if VA fails to award TDIU, the
SSDI conditions,in addition to the CFS, could be claimed as secondary to the CFS with a strong nexus letter from a doctor,

but I believe you will do OK here with what you already have as evidence.

If any SC med you take hinders your ability to work, I would tell them that too and enclose a side affect brocure (stuff like causes drowsiness,
confusion, do not take and drive) And if VA Voc Rehab ever said (and documented) that Voc Rehab was not feasible for you, solely due to your SC, that too is excellent
evidence of TDIU.

Navy04 is right too. VA sure cant handle too much.

It pays to keep everything as simple as possible.

The TDIU form under Remarks # 25 is where you ncan say that you have attached additional evidence and then on whatever you attach , make sure you C file number and name is on it all.

Keep copies of everything and send the TDIU form in with a proof of mailing.




" I have a letter from my doctor saying that due specifically to my medical condition (service connected at 60%) I can no longer perform or maintain
full time or gainful employment"



If the doctor who gave you the letter gave a full medical rationale for their opinion, than I think that is excellent evidence for TDIU.And of Permanent disability.

Va will contact your former employers for their info.

As John said, a SSDI award solely for established SC conditions is excellent evidence of TDIU. In your case, if VA fails to award TDIU, the
SSDI conditions,in addition to the CFS, could be claimed as secondary to the CFS with a strong nexus letter from a doctor,

but I believe you will do OK here with what you already have as evidence.

If any SC med you take hinders your ability to work, I would tell them that too and enclose a side affect brocure (stuff like causes drowsiness,
confusion, do not take and drive) And if VA Voc Rehab ever said (and documented) that Voc Rehab was not feasible for you, solely due to your SC, that too is excellent
evidence of TDIU.

Navy04 is right too. VA sure can't handle too much.

It pays to keep everything as simple as possible.

The TDIU form under Remarks # 25 is where you can say that you have attached additional evidence and then on whatever you attach , make sure you C file number and name is on it all.

Keep copies of everything and send the TDIU form in with a proof of mailing.

In our IMO forum is the specific wording the VA wants in any IMO (independent medical opinion) here:




The doctor should certainly be willing to state their expertise that makes their opinion valid , and also to use citations or references toany good medical literate that supports the claim.( in your case to support the ssecondary nature of the other disabilities.

I think it would be great if your doctor could cover the SSDI disabilities that might be secondary to the CFS.

(just in case).


You have done well here Penelope, to get this set up well for,hopefully, an award of TDIU.

It pays to keep a focus and also keep things simple ( I should talk....I have 2 file cabinets and 4 plastic totes packed with VA OLA.

I always try to explain to them my claims, like they are 10 years old.But I have had some complex issues.)

In my opinion TDIU can be a fairly easy claim for VA to handle.Particularly when a doctor agrees that the SC disability prevents substantial employment and tells them why (or if when SSDI awards solely for the same thing that is SCed already.)

Your topic is called "Construction" of a TDIU claim and you have become a true engineer on that construction!

Edited March 14, 2014 by Berta

[Penelope]

Thank you all for your posts. You have given me a lot to think about. I think the letter will have to be rewritten. That being said, my doctor's opinion was accepted in my original claim 20 years ago and I have stayed under his care and the care of my VA doctor. The VA doctor has retired, but I have copies of my medical file and all the letters he has written for me over the years for a reduced work schedule.

This is a work in progress and I appreciate your guidance along the way. Thank you so much for being here for me.

[Penelope]

I just received my copy of my Social Security Disability Claim File. It is on CD. How do you submit that to VA? Do you submit a copy of it on a disc? What about the CD from VA Medical Records. Are they acceptable on CD or do you have to print it all out? It seems to me that a CD copy is the way to go, but don't know if that is acceptable. Thanks for your time.