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Question About Tdiu?


RockyA1911

Question

I anticipate a decision on my 19 month old claim soon and I'm assuming it should be between 70 and 90%. I submitted the TDIU application back in June '05 and haven't worked since 28 Feb 2004. My only income is monthly CSRS Annuity and VA Compensation, I have no income from wages at all.

I submitted a C&P exam, VA Neuro-Psychologist evaluation, and IMO from a Psychiatrist:

The C&P Doctor for PTSD and Cognitive Disorder wrote:

"The veteran has a letter from a Dr. - - - - stating he is disabled and unemployable." "I will have to say that he was able to hold down a steady job for a number of years which indicates to me had a relatively reasonable level of functioning". "To get a full picture of how much this impacts his daily life, I believe he would need full neuropsychiatric testing, which I have recommended he pursue". The VA C&P Doctor then referred me with an appointment with the VA NP.

The NP stated the reason for the evaluation was requested by the C&P doctor and she stated:

"In social and employment settings, he is expected to be severly compromised".

The IMO Psychiatrist wrote: "Mr. - - - - - is disabled and unemployable".

Is this enough to award TDIU?

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  • HadIt.com Elder
I anticipate a decision on my 19 month old claim soon and I'm assuming it should be between 70 and 90%. I submitted the TDIU application back in June '05 and haven't worked since 28 Feb 2004. My only income is monthly CSRS Annuity and VA Compensation, I have no income from wages at all.

I submitted a C&P exam, VA Neuro-Psychologist evaluation, and IMO from a Psychiatrist:

The C&P Doctor for PTSD and Cognitive Disorder wrote:

"The veteran has a letter from a Dr. - - - - stating he is disabled and unemployable." "I will have to say that he was able to hold down a steady job for a number of years which indicates to me had a relatively reasonable level of functioning". "To get a full picture of how much this impacts his daily life, I believe he would need full neuropsychiatric testing, which I have recommended he pursue". The VA C&P Doctor then referred me with an appointment with the VA NP.

The NP stated the reason for the evaluation was requested by the C&P doctor and she stated:

"In social and employment settings, he is expected to be severly compromised".

The IMO Psychiatrist wrote: "Mr. - - - - - is disabled and unemployable".

Is this enough to award TDIU?

Sounds okay to me. It would've been better if they stated some rational in stating "Mr. - - - - - is disabled and unemployable." jmo

pr

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Rocky

The IMO says unemployable and that is the magic word. If you get at leasat 70% then everything should be in place. You want to work but you are unable due solely to your SC disability..

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1968, You need to read this. VA compensation and retirement annuities are not reported as income. Compensation is not reportable as income, neither is CSRS annuity on your tax return. Income from wages is reported as none. CSRS is reported as a retirement annuity on your tax form and even then it is reduced by the amount of your contributions.

Employment and Substantial Gainful Occupation are the key words. I am unemployed and have been since Mar 2004. I retired at age 55 with 33 years ( 11 Marine Corps and 22 DA Civilian Employee). I retired to keep from being fired and losing benefits due to many conflicts with employees and management. This was all related to PTSD and TBI cognitive disorder. See below out of the CFR 38:

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.17]

[Page 365-366]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 4.17 Total disability ratings for pension based on unemployability

and age of the individual.

All veterans who are basically eligible and who are unable to secure

and follow a substantially gainful occupation by reason of disabilities

which are likely to be permanent shall be rated as permanently and

totally disabled. For the purpose of pension, the permanence of the

percentage requirements of Sec. 4.16 is a requisite. When the

percentage requirements are met, and the disabilities involved are of a

permanent nature, a rating of permanent and total disability will be

assigned if the veteran is found to be unable to secure and follow

substantially gainful employment by reason of such disability. Prior

employment or unemployment status is immaterial if in the judgment

[[Page 366]]

of the rating board the veteran's disabilities render him or her

unemployable. In making such determinations, the following guidelines

will be used:

(a) Marginal employment, for example, as a self-employed farmer or

other person, while employed in his or her own business, or at odd jobs

or while employed at less than half the usual remuneration will not be

considered incompatible with a determination of unemployability, if the

restriction, as to securing or retaining better employment, is due to

disability.

(:rolleyes:Claims of all veterans who fail to meet the percentage standards

but who meet the basic entitlement criteria and are unemployable, will

be referred by the rating board to the Adjudication Officer under Sec.

3.321(:D(2) of this chapter.

(Authority: 38 U.S.C. 1155; 38 U.S.C. 3102)

[43 FR 45348, Oct. 2, 1978, as amended at 56 FR 57985, Nov. 15, 1991]

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