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Vike's Advise Is


Berta
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I apologise I was a little abrupt with him the other day as I misunderstood his post-

He gives excellent advise here and the prior post shows what I mean.

I wish he was here more often but is as overwhelmed as many of us are- I bet.

He is right and I have been trying to say this too-

A veteran does NOT have to even have a rating to be considered upon receipt of the TDIU form- for TDIU-

If the veteran has medical records and/or a SSA award that support the fact that he/she is unemployable due to service connection with a nexus to service-the vet should send them the TDIU form.

In my experience the VA-even if they see a veteran who should be considered for TDIU- wont do it-

They are reluctant to provide the vet this form and vet reps and SOs seem very reluctant too.

In my opinion based on years of TDIU issues- the VA will not even considering awarding TDIU until they get a 21-8940 form and they often use the date of this form as the EED date.

It is imperative that a vet -if they believe they fulfill TDIU criteria-to file the form.

Also if a vet has been found not eligible for Voc Rehab due to their SC disabilties , this is evidence that

their SC disabilities have made them unemployable.

Washington V Derwinski was one of the first COVA cases that resulted in the fact that if a vet gets SSA for a SC disability -the VA practically has to award TDIU or 100% also.

I used this case for Rod's PTSD 100% claim.

My husband was 100% SSA for PTSD back to 1991 and his VA 100% award, when it came in 1997, reflected the SSA date as his SC date for 100 VA comp.

Vike is giving the nitty gritty and he is right and I hope you all heed the excellent advise he gives to many of you.

(PS all- I find I am repeating the same thing to the same people here-

I am tired of putting links to stuff that is right here or at the VA web site- how does the ignore button work?

I dont even know where it is. Thanks, Berta)

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The VA file a TDIU claim on my behalf. They called it a infered claim. I was told this while at a meeting/hearing at the VARO with the assistant service center manager, A DRO, My rep from DAV, and my rep from my comgressmans office.

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This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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