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.

[Buck52]

Also in the VA Fast letter,

it says that the veteran must use a single sc rating disability that he /she thinks is disabling him from employment!

http://www.scribd.com/doc/148923612/FL13-013-001

.........................Buck

Edited June 22, 2015 by Buck52

[MarineWife]

Since this is a recent rating decision make sure you know that you have more options.

1. Since your husband is already 90% service connected, you can file a claim for sleep apnea if you can get his doctor to state that his sleep apnea is at least likely as not related to his service connected disabilities. This should get him a 100% combined service connected rating not(TDIU).

or

2. You can file a request for reconsideration that your husband is unemployable due to service connected conditions. This is TDIU where VA will reevaluate the service connected disabilities that he/you thinks is causing his unemployability.

Was your husband fired from his job? Did he quit? Why is he not working now? This info will help in how you should go further.

What are your husband service connected disabilities?

No he didn't get fired but he just stop working mainly because of his left know. He worked on and off for a year but haven't work now since March 2015 because of his degenerative joint disease of the left knee it has gotten worser. Here is exactly what they wrote in his award letter:

Entitlement to a temporary total evaluation because of treatment for a service connected condition requiring convalescence. An evaluation of 100 percent has been assigned effective June 24, 2014 based on surgical or other treatment necessitating convalescence. A total disability rating (100 percent) is assigned without regard to other provisions of the rating schedule because it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted due to surgery necessitating at least one month of convalescence, from June 24, 2014, and following such hospital discharge or outpatient release, and continue until August 31, 2014. The termination if this total rating will not be subject to the provisions 38 CFR 3.105(e). The evidence show that you underwent left knee arthroscopy on June 24, 2014 and follow up in July 2014 noted that it would take about 8 weeks for recovery. Follow up in August 2014 stated that you had no limitation to activity. Following your convalescence period, the residuals of left knee condition are evaluated under three different codes. In this case and evaluation of 10 percent is assigned from September 2014.

Entitlement to special monthly compensation based on Housebound. Granted from June 24, 14 to September 1,2014. The housebound benefits is payable to a veterans who has a single, service connected disability rated as totally disabling, and has additional service connected disability, or combination of disabilities, independently ratable as 60 percent or more disabling, or is permanently housebound due to service connected disability.

In this case your left knee disability is rated as totally disabling from June 24, to September 1, 2014, and your other service connected disabilities are independently ratable as 60 percent of more disabling. Therefore, the criteria for the statutory Housebound benefits have been met.

Sorry so long. If you still need to see all of his rating please let me know. Thanks s much.

[MarineWife]

Sorry to hear of his health issues. Yes he can file anytime, but I agree with guys above. Make sure all of your ducks are in a row. If you need help with SSDI let me know as I have a Report that have helped other Vets get SSDI. Good luck and God Bless

Thanks for the information. I'm making sure I have all paperwork. Please read what I just send to Pete992. I will need help, please let me know how I can get that report from you (SSDI).

[MarineWife]

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.

Thanks Broncovet

[MarineWife]

Also in the VA Fast letter,

it says that the veteran must use a single sc rating disability that he /she thinks is disabling him from employment!

http://www.scribd.com/doc/148923612/FL13-013-001

.........................Buck

Thanks

[Guest]

First things first, Buck posted

Also in the VA Fast letter,
it says that the veteran must use a single sc rating disability that he /she thinks is disabling him from employment!

http://www.scribd.co...12/FL13-013-001

My understanding is that the veterans must list at least one service connected disability but he/she could list more than one.

Overview of Changes

• VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. As part of a substantially complete application for TDIU, VA will require that the claimant with multiple service-connected disabilities specify at least one disability that he or she believes causes the unemployability.

• VA will consider the Veteran’s specification of the disabilities that he or she believes cause unemployability to be claims for increased evaluation for those conditions.

• VA will require the claimant complete and submit VA Form 21-8940,

Veteran's Application for Increased Compensation Based on Unemployability,

to substantiate the claim of TDIU.

• VA will administratively deny TDIU claims if VA requests, but the Veteran does not submit, required forms or evidence.

• VA has the flexibility to request either condition-specific Disability Benefits Questionnaires (DBQs) or a general medical DBQ when VA determines that examinations are needed to decide the claim.

• VA will interpret the scheduler requirements in 38 C.F.R. 4.16(a) to mean that a combined 70 percent rating is only required if no single disability is rated at 60 percent disabling.

Yes, I would like to know your husband's service connected disabilities because it is hard to get sleep apnea service connected if your husband was not treated for it while he was on active duty but he could have a better chance of getting it service connected as a secondary condition depending on his already service connected conditions but I would need to know what they are.