tdiu Questions!

[MarineWife]

My husband want to go filed for TDIU and SSDI today. He cannot work at all because of his SC Disabilities (90% rating April 2015). My question is that his PCP provider or Orthopedic Doctor has not stated in his record that he cannot work. He has an appointment with his PCP which is a VA Doctor on June 30, 2015 and an appointment with his Orthopedic Doctor (another VA Doctor) on July 15, 2015 and we will discuss with them as well that he can't work at all dued to his SC disabilities. The Orthopedic Doctor went back in his knee on June 2014 and it has gotten worser. Can we still go and apply for TDIU and SSDI today.

[MarineWife]

My husband want to go filed for TDIU and SSDI today. He cannot work at all because of his SC Disabilities (90% rating April 2015). My question is that his PCP provider or Orthopedic Doctor has not stated in his record that he cannot work. He has an appointment with his PCP which is a VA Doctor on June 30, 2015 and an appointment with his Orthopedic Doctor (another VA Doctor) on July 15, 2015 and we will discuss with them as well that he can't work at all dued to his SC disabilities. The Orthopedic Doctor went back in his knee on June 2014 and it has gotten worser. Can we still go and apply for TDIU and SSDI today. I'm also working on other things about his rating but want to do this first since he cant work.

[Guest]

Your husband can file at any time, IMHO, you want to make sure that he/you speak to his medical doctors because this will be crucial in his success with both claims. Even though VA and SSA are evaluated with different criteria and regulations, It is best to have a medical opinion that he can not work. With VA the medical opinion must be that he cannot work due to his service connected disabilities. With SSA the medical opinion must be that he cannot do any type of employment due to his current medical conditions. His condition is expected to last at least 12 months or longer.

Best Wishes

Pete

[brokensoldier244th]

You can apply anytime, but you'll probably want to have your highlights of his past medical record for when you have exams from both VA and also SSDI. It makes it easier to keep it fresh on the brain, and also to not forget something if asked off the cuff about a particular challenge he may face. You'll feel a bit like you are living in it/wallowing in it for awhile, but if you treat it like a term paper in school, e.g. make an outline of the 'high points' of his record the examiner(s) will have an easier time of it. I went to my mental C&P with about 15 pages already typed up with a coversheet of my current medications and the last few exam notes from the VA Blue Button option on MyHealthVA. Most of it I just printed off and then hit it with a highlighter. I put it in a folder (physically) and also saved it on my computer. I update as necessary, and print off again when I need to. It keeps my story straight and I don't forget anything important.

The Comp and Pen exam will be an examination of his entire record (whatever VA has, anyway) with a really long questionairre that your examiner will go through. It will probably take about an hour if they go through it all and your husband doesnt have to stop too often to rest. My TDIU exam was mostly for mental not physical, so there may be side trips during that day for imaging or other tests that I didnt have. One of the questions that the C&P examiner is supposed to address is what functional limitations your husband is subject to and how they affect employment. They are not supposed to say "Veteran 'A' is unemployable....." but to opine on the things that challenge your husband in working his particular field with his conditions, and what level of social and occupational impairment they have. The rater will then take the entirety of their record and apply the opinions of the examiner and the rest of the record of note and then make a determination of if they can work.

Edited June 22, 2015 by brokensoldier244th

[MarineWife]

Your husband can file at any time, IMHO, you want to make sure that he/you speak to his medical doctors because this will be crucial in his success with both claims. Even though VA and SSA are evaluated with different criteria and regulations, It is best to have a medical opinion that he can not work. With VA the medical opinion must be that he cannot work due to his service connected disabilities. With SSA the medical opinion must be that he cannot do any type of employment due to his current medical conditions. His condition is expected to last at least 12 months or longer.

Best Wishes

Pete

Thanks for the information.

[broncovet]

Go ahead and apply even tho you do not have ALL the evidence YET. Many Vets do just that. Remember, tho, if you do not have the applicable evidence, come decision time, you are likely to be denied.

The VA MAY do a C and P exam, and your VA DOC MAY provide this nexus, but this is why some Vets opt for the "FDC". However, it sounds like the FDC is going away, very soon, if it has not already.

Before you get a favorable VA decision, you will likely need evidence that your unemployability is due to SC conditions. Its possible that your SSDI could provide this evidence. If SSDI says you are disabled due to conditions that VA says are service connected, you can use your SSDI award as evidence.

[broncovet]

Just for discussion, Im not sure there is such a thing as a "stand alone" TDIU claim. Its a claim for INCREASE, and includes a claim for increase of current conditions, application for new conditions, or both.