Extra-Schedular Tdiu Based On Unemployability

[Barbamatt]

I've been doing some research about TDIU. I don't meet the rating requirements for TDIU, but I have a SC disability that prevents me from working. I have read that there is such a thing as extra-schedular TDIU if you can prove that your condition prevents you from working.

My disabilities are:

Major Depressive Disorder 50%

migraines 10%

IBS 10%

I have also reticently received SSDI. Does it carry any weight in proving unemployability?

[Pete53]

SSD should carry weight if it is for same reasons you got VA Disability. If you can't work the VA pretty much should make you 100% someway or another.

[Navy04]

Submit the SSDI award packet as evidence. I was granted SSDI in Feb 14, in less than 10 weeks solely on PTSD/TBI. I submitted the SSDI letter in Feb 14, and guess what April 14, awarded 100% VA, and PTSD went from 30% to 70%. If I was you, I would put in ad FDC for an increase for all these conditions first. I too have PTSD 70%, Crohn's 30% and Migraines 30%. I am not permanent, and I am going to weight the results of my FDC, then go about keeping the 100%, but making it P&T.

[Philip Rogers]

Barbamatt - You do not need to meet the schedular requirements of 38 CFR 4.16(a) to receive TDIU, you just need to meet 38 CFR 4.16(b). The VA often quotes 4.16(a) in their denials but never mentions 4.16(b). Your SSDI award should carry you for your TDIU award, provided it's for SC disability(s), as others stated. Be sure to submit the SSDI award documents, asap.

pr

[john999]

The TDIU regs state that your inability to work must be "solely due to a service connected condition" so if that is what you got SSDI for, and the VA knew about it then you have an inferred claim for TDIU already. That you would have to fight for to get them to admit they should have inferred it. So you should file the official TDIU form, and then argue about EED later. I did that and got some extra TDIU since the VA should have inferred an EED. I think they owe me an EED on my 70% rating that led to the TDIU, but that is another story.

John

[Barbamatt]

I plan on taking a copy of my SSDI award letter to my VARO here in Nashville... I was given SSDI for my depression/anxiety. I am not sure if it is listed as depression or depression/anxiety since I have both, but I am only rated for the depression. The way I understand it is that you can only be rated for one MH disorder anyway...which is another topic.

I was awarded SSDI after my VA disability rating so when I filed for my initial claim it wasn't a factor, and I filed a rate increase at the same time I filed for SSDI, and got the rate increase from 30% to 50% before I got SSDI. Now it is a factor for UI or another rate increase.

I am curious to know if my records/files will be here in Nashville, since my original claim was filed in Atlanta when I lived there. My nearest VARO is in Nashville where I live now. I would think that they can get them from one VARO to another. I hope so anyway.

All of this paper work is tough. I am not always sure that I am going about it the best way...and when I used the VSO they weren't a lot of help in telling me what way to go or telling me what I was entitled to. I am not knocking VSOs because I am sure that there are some good ones out there, but the one I used just handed me the paper work to fill out and I didn't know much better that there were other benefits to be aware of. I have learned a lot about it from forums such as Hadit, and reading on my own. It seems to be a forever process to get the benefits that I have earned and deserve.

Edited June 30, 2014 by Barbamatt