tdiu Urgent New Claim For Tdiu

[Leon2015]

My fellow Vets, (new guy here, sorry for the double post)

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 used urgent because my original claim date will be up soon. 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.

[Gastone]

Leon: Is the 05/15 date a VONAP file by date or the VA 1 Yr date for a previous SC rating to become final? If you have all your Medical Evidence for both claims, pull the trigger and file an FDC. Your going to have a difficult time keeping the IU claim as an FDC. That is unless you already have DBQ's from VA Mental Health and other Clinicians verifying your inability to work at "ANY" type of Substantially Gainful Employment to include a completely different type of Sedentary Employment due solely to your SC conditions. The "SGI" amount is $12,400.00 per year if your under 65.

Semper Fi

Gastone

[MPsgt]

Depending on your situation, I believe you'll be able use one or both VA Forms. The forms you'll need are 21-526b and/or 21-8940. I would think they're available via VONAPP too. JMO....it's time to crap or get off the pot. Good luck!

[Leon2015]

Guys thanks for chiming. I have everything in Ebenefits. I started this claim last 5/14 but they are still in the gathering info stage, so I was going to add TDIU to the package. Just wondering if I should and how to do. I understand if I file it FDC, and if I already have a open claim they will just combine the 2. Is this a wise strategy?

Second Question: 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?

[MPsgt]

If you're waiting on FERS approval? You should be waiting on SSDI too. I would suggest going ahead and filing for TDIU (VA FORM 21-8940). If and when, they approve FDR & SSDI submit it to the VA to support your claim. It could slow down the VA process but, I believe you're in for a wait with the VA anyway....JMO Good Luck!

[Leon2015]

Good advice.....thanks MP!