Not Sure Of My Odds Winning Tdiu.

[Adrianaj]

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.

[Dinnard]

You might want to read through all your medical records and make a copy of anything that has been noted in doctor notes, lab reports, x-rays or test results that would support your inability to work. Also look up medications you are on and see what the side-affects are. You can't work if you are meds that make you sleepy, etc. The VA isn't going to do more than what they feel is compliant with the regs if that much so it's up to you and/or your representative to hand feed them the evidence to back up your claim. Always keep copies and send Certified Mail.

[Philip Rogers]

I believe you need to request an "extra-scheduler consideration or extra-scheduler rating," as the VA will continue to respond that you don't meet the 38 CFR 4.16(a) requirements for TDIU. About 12yrs ago I helped a vet, w/a skin condition, (w/a max rating of 50%, who had been denied TDIU for over 15yrs) and had been to his congressperson twice, w/no increase. We filed for TDIU, requesting an extra-scheduler rating and after about 18 months, he received TDIU retro about 42 months. At the time he was satisfied and didn't want to pursue the additional 11.5 yrs. jmo

An extra-scheduler must be requested by the claimant, or the VA won't consider it.

pr

Edited December 21, 2014 by Philip Rogers

[Adrianaj]

Thanks, do i ask for that under remarks on the tdiu form or some other place? I am also asking for my back to be considered for unemployability also, it is rated at 10% but it should definitely be higher. Should i just focus on extra scheduler for my migraines or include back as well?

[broncovet]

VA's defination of TDIU is when a service connected condition renders it impossible for the average person to obtain/maintain Substantial Gainfull Employment. (SGE).

Its VA's defination that counts..not ours. SGE is defined at the Veteran earning LESS than the poverty level. The poverty level varies with your number of dependents but its "about" 12,000 per year depending on your number of dependents. Anything less would be considered "marginal" employement.

By using an annual basis, instead of monthly, a Veteran who cuts the neighbors grass and gets a few bucks for babysitting grandkids or maybe driving a school bus or something would not meet the defination of SGE if they earned 12,000 per year.

The VA has some fast letters and stuff that suggests raters NOT deny TDIU SOLELY on the bases of "marginal" employement. If you earned more than about 12k, in the most recent 12 months it will be difficult to get your IU approved. Your doctor would likely need to give an explanation as to how you were able to maintain SGE during the previous 12 months but are not able to do so now. Of course, there could be a reason...many reasons why this could happen. Something like this:

The Veteran was able to maintain SGE during the past 12 months but is no longer able to do so, due to sc conditions, as the duration and severity of the migraines have increased in both duration and severity, such that xxxxx,,yyyyyy, renders the Veterans future ability to maintain SGE impossible.

Something "like" that should suffice. The VA wont allow your "speculation" that you lost your job due to SC conditions, especially if their termination letter indicates a layoff due to budget cutbacks. You would need documentation that your layoff (and subsequent inability to maintain SGE) was to sc conditions. The VA, when processing TDIU will send a letter to your most recent employer, asking for verification. Also remember, underline this, put a star and astrick and circle it. If The Veterans testimony differs, or conflicts with, the other evidence, such as medical evidence, or what your employer states, the VA will "Always" side against the VET, and assume you are lying. Its not fair, but its the way it is. If you read the case law you will see case after case when the Vets testimony conflicts the medical evidence the VA sides with the medical evidence. Exception: If Doc A says, "The Veteran isnt service connected", then the VA will have to listen to an IMO which states the reverse. In other words, lay evidece can not be used to "refute" medical evidence. The VA will always assume the MD behind his name makes him more qualified to speak of your medical conditions than you are, without a MD behind your name.

[Adrianaj]

Thanks broncovet, very valuable information, i will remember this while i am filing my claim. I really appreciate everyone for taking the time out to offer me help during this trying time.

[notapb1]

I'm waiting for my decision on TDIU. I just read something that makes me ask the question: According to my SO I can not file for Tinnitus as the VA gave me hearing aids which I do not use as it makes it worse. Therefore the question is she accurate?