tdiu Ssdi & Tdiu

[Gvubcd1]

Does SSDI help IU claim when it was awarded solely on VA medical Records? 70% major depressive disorder plus others =90% total s/c. Applied for IU as soon as I got SSDI approval letter. It only took ssa 2.5 months to approve.

[Gvubcd1]

Berta

I went from 70% to 80% to now 90%. Two years ago i was awarded the 90% with 70% being for MDD. But I was working fulltime then. Do you suspect that's the reason they didnt send iu form with my increase? In June of this year I had to stop working do to my MDD and the day i quit i did application for SSDI online and was approved 2.5 months later based solely on MDD and VA med records. At that point i went to dav rep and sent in all forms and evidence for tdiu. Still in gathering of evidence phase but just had mh c&p exam so just waiting now.

[Gvubcd1]

But if increased and awarded tdiu i take it that they should retro back to ssdi granted approval date?

[Berta]

As I mentioned it could be one year prior to the TDIU form date,not enough info here to guess the EED.

I have posted citations on the exact reg here but am pressed for time to find it....

Personal example.

Husband filed for TDIU Nov 1992.He was 30 % SC for PTSD.

Died in 1994 and I pursued his claims.

SSDI had awarded him twice, once on a 1151 CVA, and then on reconsideration they changed their CVA award to PTSD award, with Nov 1,1991 as the last day he worked.

They based both SSDI awards solely on his VA medical records.

The VA's posthumous award was for SC PTSD, 100% P & T, as of Nov 1, 1991,

One year earlier then when he had filed his TDIU claim.

The favorable 1991 date was when his "entitlement arose." per VA regulations available here under a search.

Edited November 19, 2014 by Berta

[Gvubcd1]

Berta

Just got my tdiu mh c&p exam in the mail. Needless to say it doesn't look good. Examiner says im s/c 70% for bipolar which is incorrect it clearly states on ebenefits and myhealthyvet that im 70% fot major depression. He also stated i was eligible for voc rehab. No where did it say i am receiving SSDI (which they have the approval letter as evidence and i told him) for s/c disabilities solely with my total rating at 90%. So tdiu claim isn't looking good for me

[Chuck75]

Berta

Just got my tdiu mh c&p exam in the mail. Needless to say it doesn't look good. Examiner says im s/c 70% for bipolar which is incorrect it clearly states on ebenefits and myhealthyvet that im 70% fot major depression. He also stated i was eligible for voc rehab. No where did it say i am receiving SSDI (which they have the approval letter as evidence and i told him) for s/c disabilities solely with my total rating at 90%. So tdiu claim isn't looking good for me

If you are currently rated at 90% SC, and receiving SSDI for the same conditions, TDIU should apply regardless of the incorrect C&P results.

It sounds like somehow a mental condition was inadvertently rated at the C&P. I'd question this, because you may find that the VA tries to propose a Fiduciary.

If it were just another medical condition, I'd likely wait and see what happens. You can also make an appointment with VA rehab, get them to evaluate, and perhaps say that you are not a candidate.

[Gvubcd1]

Its as if he was saying the 70% for mental condition wasn't warranted and his opinions were definitely not in my favor. The exam was for tdiu and it took 3+ hrs and included taking the mmpi-2 test on the computer that tells your personality and if you're exaggerating your symptoms and all that stuff. Turns out he's a forensic and clinical psychiatrist outside the va and had a lot of input on mental health c&p exam interviews for the whole va system. So lucky me.