tdiu Tdiu Question. I Did Not File It, Potential Consequences Of Tdiu

[SerAF]

Hey guys. SerAF here.

I have a question regarding TDIU. I am a 70% disabled veteran at this current time.

1. I was recently awarded a 70% rating this past summer.

2. Since then I have been receiving letters in the mail stating they want more information from me....despite the fact that they had already awarded me with the 70%.
3. There is a claim in for TDIU that I do not recall putting in, yet it appears to be in order. I am not sure who initiated this process as I have turned in no paperwork for it.

Two questions:

Does the VA initiate the process for veterans on the grounds that they are severely disabled?

Do they use past evidence or do they require "newer" evidence for the TDIU (after the 70%)? Is past evidence sufficient?

In the event I get turned down for TDIU, does that make them re-evaluate or reconsider my newly awarded 70% if they deem me unqualified for the TDIU? Does that threaten the entire 70% rating itself and cause it to go down?

Please let me know, as I am a little confused about what is going on.

Thank you,

SerAF

[SerAF]

He meant to say 50% but instead said 70%.

[john999]

If he can't work file for TDIU anyway even if he is 50%. If he qualifies for TDIU the VA will find a way to bump him up to 70%. He should file for SSDI. I was 30% when I filed for TDIU. I had filed for SSDI and disability retirement from my job. It took some time( about a year) but I got TDIU back to the date I originally filed the claim. The rules say if you cannot work solely due to SC condition you are entitled to TDIU. The 70% rating thing is an addition to the general rule. If he were to get turned down by Vocational Rehab and got SSDI it would be hard for VA to deny TDIU. If he got Vocational Rehabilitation and failed in his attempts that is also good evidence of IU. How old is he?

[Buck52]

SerFA

Just my 2 cents here!

If your son is disabled due to his Service Connected Disablity's And can not work...Def Refile his claim for TDIU...Submit Any & All evidence you & have get an( IMO) Indendpendent Medical Opinion about his disability's

& like others have said file for SSDI....You may want to get letters & statements from family and friends telling about his disability but if you do you need to have them notorized they will consider it in there decision.

If he can't work due to his service connected disability he should get the TDIU with P&T

Good Luck

[Gastone]

SerAF: Sons and Dads, Excellanto! What I posted still holds true as far as importance of your son getting a letter from VA Vocational Rehab Councilor regarding being unable to participate in the VA Voc Rehab program due to his service connected PTSD. That letter is a game changer and can be had in as little as a couple meetings with the VA Voc Reh Councilor, depending on your son's SC Conditions symptoms and how they affect his ability to work in any type of "Gainful Employment." The VA uses the US Census data to determine gainful employment thresholds for TDIU. Check out TDIU requirements, current 1 person poverty level is about $12,???.00 or so.

Check ou the VA Compensation requirements for a Scheduler TDIU Claim, your son doesn't qualify at this time due to his 50% SC Rating. However, if his PTSD symptoms are such that he can't be gainfully employed or has trouble keeping a job due to his PTSD, he has a better than good shot at Extra-Scheduler TDIU. You need to read about the history of the TDIU rating, please check it out. Your son could go from only receiving 50% SC comp Payments to being paid at the 100% level. This 100% SC Rate could be reduced by the VA at any time in the future that his SC Condition improved, but that's immaterial at this point. Even if somewhere down the road he improved and was able to get a $80K a year job, he would have to maintain that job (12 months) and improvement in his SC condition before the VA could Reduce him to his actual 50SC pay rate.

If your son is VSO Rep'd, get with the Rep ASAP and get an extra-Scheduler TDIU Claim Filed. This isn't an over-nite deal, depending on documented symptoms and employment history, at best you might get a FDC going. Definitely get an app filed for the VA Vocational Rehabilitation Program. The clock is ticking.

Thanks for helping your son, I Know you don't need thanks, that's what Dads do!

Semper Fi

Gastone