Not Sure Of My Odds Winning Tdiu.

[Adrianaj 0]

I am aware of the rules for filing TDIU as I am only 60%. However, I still want to apply using the special criteria if you don't meet the 70% rating. I have 50% for migraines which is the highest they can be rated. I have episodes sometimes twice a day lasting hours causing me to be in total darkness and silence. I have trouble doing my daily duties as a mom and wife and need help from my husband and mom. I was laid off from my job due to reduction in force but I know that my disabilities played a factor. I am not fit for any type of work because of the frequency and intensity of the migraines. Don't get me wrong, I would love to continue working but I would be no good to any employer. It really is depressing. Has anyone had any success being awarded TDIU for migraines? If so please share any information that would help or ease my mind. I know it is a long shot but I will try anyway. Also how should I file? I have a DAV rep helping me but not so sure if they have my best interest at heart because of their caseload.

[jbasser 0]

TDIU is treated as claim for increase. Go for it.

J

[broncovet 3,293]

You have some choices:

1. Ask for extraschedular IU.

2. Seek an increase for migraines or new service connection for another condition(s) first.

Most people who actually get IU get it by number 2.

Even with these, to get IU, you are likely going to need a doctor to say something very close to "the veterans service connected xxx condiitions render him (her) unable to maintian substantial gainful employement."

How much did you earn in the most recent 12 months? Was it "substantial", that is, more than about 12,000 dollars?

If you did earn more than 12k, then it makes it look like you could/should get a different job. However, if your recent job was "marginal employment", and did not produce 12,000 in a years time, then it would be more likely. An exception: You were working, but something radical happened, so now you cant work anymore. (Something like you had a car wreck, or other injury..but, remember, your inability to maintain SGE needs to be for SC conditions to get compensated by va for that)

In other words poeple who really can not work, probably did not earn more than 12,000 in the past 12 months from working. If you did, then it looks like maybe you could simply get another job.

However, this is a medical determination, that is, if your service connected conditions preclude your from working, that your doctor makes.

Edited December 20, 2014 by broncovet

[Adrianaj 0]

Thanks everyone. I did make more than $12000 but I find it odd that your capability to work is sometimes valued by your earnings. Trust me if i felt i was capable, i would rather work. It just seems wrong that they can find all these ways to say that your service connected condition is not important but then again this is the Va. I will fight cause I know that I should be awarded TDIU based on what I go through on a daily basis.

[Berta 3,617]

This vet already has the maximum rating for migraines.

An extraschedular consideration would have to be based on an exceptional disability situation.

Adrianaj ,what is the additional 10% for,has that SC gotten worse since getting the 10% , and does that disability impact on your ability to work?

There are many claims at the BVA for migraines and TDIU. and Many denials.This one contains the way these are determined:

"In addition, the 50 percent schedular rating assigned for

migraine headaches is the highest rating provided by the VA

Schedule for Rating Disabilities for that disorder.

Therefore, a higher rating may only be granted on an

extraschedular basis under 38 C.F.R. § 3.321(b)(1) or, if the

evidence showed the veteran to be unemployable based on his

service-connected migraine headaches alone, an extraschedular

TDIU rating could be awarded under the provisions of

38 C.F.R. § 4.16(b). However, as noted above, the Board does

not have the authority to grant such a rating because the

terms of the regulations themselves vest that authority in a

particular VA official. "

The BVA means that these claims must go to VACO, as within the remand:

"1. The RO should wait to receive a

reply from the Director, Compensation

and Pension Service, to its April 2005

Memorandum and then inform the veteran

of the decision on his claims for

extraschedular ratings for migraine

headaches and for a total rating based

on individual unemployability prior to

November 26, 2003."

http://www.va.gov/vetapp05/files5/0530955.txt

Nothing is impossible however, I recall here years ago a case of a vet with a foot condition , rated very low, but he was awarded TDIU under Extraschedular because his disability presented an 'exceptional' disabling picture.....

his service connected foot condition caused his feet to smell so bad that he was unemployable.

[Adrianaj 0]

I have two other conditions rated at 10%, tinnitus and lower back spinal arthritis rated as degenerative disc disease. My back was originally denied to be service connected back in 2009 and then again in 2013. I appealed with Dro and was granted service connection with 10%. She stated she was not sure i was denied in the first place and i am sure they just didn't look in my records. The thing is, I was only rated 10% for my back and it should have been rated my higher. I feel that with how bad my back is it should be rated over 60% alone. It goes out at anytime and even effects my posture and walking. I didn't know I could as for an increase so soon cause it hasn't been a year yet. I was going to dispute the rating with a NOD. What should I do next?