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?
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Berta
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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