tdiu Any Advise On Tdiu (Unemployability) Ugrading

[13Bcannoncocker]

I'm very new to the online forums so bare with me please.

I'm 70% service connected for anxiety, depression, insomnia, and nightmares. est. 2009

I'm currently going for TDIU 100% due to not being able to hold a job.

I have been in the process working with the DAV on my claim since 02/2014, have plenty documentation letters, from friends, past employers, and doctors. I've just completed Phyc C&P exam 01/2015. Ebenefits says gathering evidence.. but no further documents are needed. And my claim will be decided soon.. I also was recently awarded SSDI for the same service connected disabilities, very quick first time go.

My questions are:

How long does it usually take for the VA to make a decision?

How does my situation look granted I've already been awarded SSDI for the same reasons?

Thanks in advance.

Edited February 12, 2015 by 13Bcannoncocker

[Gastone]

Do you meet the VA's IU Criteria, that is the Question? The SSDI award primarily awarded due to your VA SC condition can be very helpful and will be taken into consideration by the VA Rater. With that said, a SSDI award doesn't make your IU Award a lock. SSDI awards are an all or nothing disability award, where as the VA Disability is a percentage based award.

What is your current income picture? Are you currently earning or capable of earning above the VA "Gainful Employment Income" level of $12,400.00 per year for (1) person? This figure is the current US Census Poverty Level of income for 1 person under 65 yrs of age. If your over 65 the figure is $11,400.00. The VA rater will consider your level of education and whether there is any reason that you couldn't work in some type of Sedentary work to earn above these Income thresholds. Just being unemployed or under-employed won't cut it.

I was and am 90% SC since 2011 and just awarded IU 6/2014 at a DRO Hearing from a 2012 Denial. VA Rater didn't take into consideration my reported Self-employment income should have been viewed as "Sheltered Employment Income." All of my VA medical File verified a severe Employment disability picture but the rater saw the "Income" and the Denial was issued. I also obtained a Denial Letter from the VA Voational Rehabilitation Department indicating that I couldn't complete their program currently due to my SC conditions. The DRO said the Voc Rehab Letter is a piece of Gold when it comes to verifying you are currently Individually Unemployable.

Good Luck

Semper Fi

Gastone

[Mikemmlj]

Social Security Continuing Disability Reviews are automatically scheduled with your approval. They are usually scheduled at 6 month, 12month, 18 month, or 3,5, or 7 year intervals and are designed to see if your disability has improved. On your award letter it should state when your review is scheduled.

[13Bcannoncocker]

Social Security Continuing Disability Reviews are automatically scheduled with your approval. They are usually scheduled at 6 month, 12month, 18 month, or 3,5, or 7 year intervals and are designed to see if your disability has improved. On your award letter it should state when your review is scheduled.

Mike I just read through my SSDI paperwork and it says 3 years.

[13Bcannoncocker]

Do you meet the VA's IU Criteria, that is the Question? The SSDI award primarily awarded due to your VA SC condition can be very helpful and will be taken into consideration by the VA Rater. With that said, a SSDI award doesn't make your IU Award a lock. SSDI awards are an all or nothing disability award, where as the VA Disability is a percentage based award.

What is your current income picture? Are you currently earning or capable of earning above the VA "Gainful Employment Income" level of $12,400.00 per year for (1) person? This figure is the current US Census Poverty Level of income for 1 person under 65 yrs of age. If your over 65 the figure is $11,400.00. The VA rater will consider your level of education and whether there is any reason that you couldn't work in some type of Sedentary work to earn above these Income thresholds. Just being unemployed or under-employed won't cut it.

I was and am 90% SC since 2011 and just awarded IU 6/2014 at a DRO Hearing from a 2012 Denial. VA Rater didn't take into consideration my reported Self-employment income should have been viewed as "Sheltered Employment Income." All of my VA medical File verified a severe Employment disability picture but the rater saw the "Income" and the Denial was issued. I also obtained a Denial Letter from the VA Voational Rehabilitation Department indicating that I couldn't complete their program currently due to my SC conditions. The DRO said the Voc Rehab Letter is a piece of Gold when it comes to verifying you are currently Individually Unemployable.

Good Luck

Semper Fi

Gastone

Hi Gastone thanks for the reply. Yes I meet all requirement's for IU. I have my 70% VA and SSDI for current income. I was terminated from my last job Jan 2013 due to my service related condition, which is one award of 70%. I was terminated after My FMLA ended. All documents and letters from previous employer and co workers are in the VA claim as well, they tired and I tried to keep that job for 4 years at the same position, which was pretty much the easiest job (sales from home 90% of the time). It gets real hard to explain why I couldn't even do that for periods of time, but I wont get into that. But it is documented by professionals. I wish I would have known about the letter from Voc Rehab. If I get denied that will be great information thank you!

Edited February 13, 2015 by 13Bcannoncocker

[Gastone]

13B: Hope everything goes your way. Seems the big deal with the VA Raters, are you capable of doing a Sedentary job and earning the All Important "Gainful Employment Income" amount? $12,400 isn't very much and can be a real problem in getting the IU award. Keep us posted on your progress.

Semper Fi

Gastone

[VetlawUS]

To the poster who was denied because income was above the poverty threshold, here's some information about how to prove "Sheltered Employment".

2 Ways to Earn an Income While Receiving VA TDIU Benefits.