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Urgent Help Please - New Claim

Leon2015

Asked by Leon2015,

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Leon2015 Contributor

Leon2015

Posted
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My fellow Vets,

I currently have a dilemma, and any useful ideas would be GREATLY appreciated. I'm currently 60% for GERD but my total compensation is 70%.

I was working but my GERD was so bad and caused me to take a lot of days off, the symptoms of my GERD and other VA ailments caused me constant depression and daily anxiety. Due to these circumstances my VA Mental Health Doctor wrote a letter to my supervisor(federal job) stating I need to take time off to deal with my mental health issues. Now I'm coming up on year of being out of work. During this time I have been receiving frequent treatment from the VA and I'm on numerous mental health meds. I had depression and anxiety for over 25 years but was afraid to file for any mental health issues because I didnt want to put my clearance in jeopardy. I finally had complete breakdown and I turned myself in for evaluation.

Here is my current question, I have new claim ready to go out this week for Major Depression and Anxiety, but I would like to file TDIU with this claim but I'm not sure if it is a good idea.

I hope so people can chime in on this message this week, so I can get this claim out soon. I have a claim date of 5/2014 in Ebenefits waiting to go.

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ketchup56 Community Regular

ketchup56

Posted
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File for tdiu now.Tdiu is also a claim for increase and must be considered along with the mental health claim. It also reserve's your effective date. You have documented evidence of unemployability and already at the percentage level so why would you NOT apply for tdiu.Your varo will give you c&p exam/opinion and you take it from there.

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Buck52 Grand Master

Buck52

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If your SC Disability keeps you from working or finding gainful employment then VA has the duty to assist and rate you with the IU but its always good to file a claim for it too incase they forget!

................Buck!

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jbasser Grand Master

jbasser

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How many years of Federal Service and what agency.

It looks like you may be able to go out on Fers Disability retirement.

That will help you win an IU claim but here is the bad news. It is taking up to 14 months for OPM to award Fers disability claims.

The Doc could take you off of work to bypass the Reasonable accommodation BS the Govt lays on you.

This is a lengthy process and you have to file for SSDI at the same time.

This is a risky adventure for anyone but it is another option.

Here is a helpful site. www.harrisfederal.com

J

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Leon2015 Contributor

Leon2015

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Thanks to all for chiming in. I guess this is better time then ever to file for TDIU.

JBASSER, everything you wrote about im already doing (Harris did my package).

Question of the day: I should be hopefully be recieving a FERS approval letter over next couple of month. Should I wait until I get the FERS letter before filing for TDIU. Would the FERS approval letter help my case?

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Berta Grand Master

Berta

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Based on what I just googled, you should apply now.

I googled FERS TDIU BVA and some of our posts popped up for this subject with the links as well as YUKU VBN post and other info.

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Leon2015 Contributor

Leon2015

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Berta, excellent, I appreciate your input. I'm defintely leaning towards adding my TDIU to my claim this weekend. I was reading today if you apply for TDIU they go thru your whole file with a fine tooth comb and you could end up losing rating percentage instead of gaining TDIU. I'm not worried about that because all disabilties affect me daily in a very adverse manner, but it makes me wonder. There is intimidation factor there.

All of these decisions are tough.

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Buck52 Grand Master

Buck52

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Be sure and use the form 21- 526 (b) if you file for TDIU or Attaché it to your claim!

Good Luck!

...........................Buck!

Edited by Buck52 (see edit history)
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Buck52 Grand Master

Buck52

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well I would attach it...this form 21-526 (b) is suppose to make things more simplified and speed up the process of your claim! this form is used for increase of compensation As a supplement to secondary condition...your case would be increase to TDIU

from what Veteran Attorney ''Bob Walsh'' mention the other day on hadit podcast radio show!

you can click on the archives of the radio show and listen in its Bob Walsh speaks about Attorney Fees & EAJA AS WELL AS THE NEW FORM 21 526 b It was presented to the VA back in June 2014 but its been highly used as of January 2015 so its kinda new to us Veterans.

..................Buck!

Edited by Buck52 (see edit history)
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Leon2015 Contributor

Leon2015

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I have update and I need some additional guidance/help/advice. I contacted my phyc doc and asked him to do a mental health DBQ for me. He said he need to check with his supervisor and get back to me. A week later he said he will not able to do it because it's a comp and pen thing and out of his responsibility. So I said ok can you write me a letter, talking my current struggles and reasons why I can't work. He said sure but we need to meet again and talk about it, and I will diagnose you for unemployability at the same time.

I will be meeting with him on Monday but I'm not sure how to approach the appointment. please help.......point me in the write direction. I tried to find some similar topics here but couldn't find what I need.

Thanks everybody.

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Navy04 Grand Master

Navy04

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Just go in there and be honest. Talk about your recent worst day and what it was like. Other than that just get thru the process. Good luck

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