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]

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' cannot work....." but to opine on the things that challenge your husband in working his particular field. 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.

That's what I'm doing now going through his record highlighten important things that will help him. Thanks for the information.

[Guest]

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.

Is this a new rating? When your husband was granted his 90% service connection, did VA consider him for unemployability at that time? VA should have sent him a VA form 21-8940 in his decision packet.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Edited June 22, 2015 by pete992

[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 for your advice.

[MarineWife]

Is this a new rating? When your husband was granted his 90% service connection, did VA consider him for unemployability at that time? VA should have sent him a VA form 21-8940 in his decision packet.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Yes this is a new rating and he got it on April 2015. My husband will not do any of this because it bothers him and he get upset with the VA system and will quite. I'm off work for the summer and giving this my full attention before I go back to work. No they did not consider him for unemployability at the time of his rating because when he filed for an increase in 2014 he was working at that time. He have gotten worser since he filed in 2014 (for April 2015 rating). He even had a sleep Apnea study done with the VA after we send in for an increase in 2014 and this was not included in April 2015 rating. He has a cpap machine and fall asleep through out the day as well. There are issues that has changed as well since his currently rating and we will let the VA Doctors know on next visits (June 30th and July 15th). Theses are SC issues that are preventing him from working now.

[Guest]

Yes this is a new rating and he got it on April 2015. My husband will not do any of this because it bothers him and he get upset with the VA system and will quite. I'm off work for the summer and giving this my full attention before I go back to work. No they did not consider him for unemployability at the time of his rating because when he filed for an increase in 2014 he was working at that time. He have gotten worser since he filed in 2014 (for April 2015 rating). He even had a sleep Apnea study done with the VA after we send in for an increase in 2014 and this was not included in April 2015 rating. He has a cpap machine and fall asleep through out the day as well. There are issues that has changed as well since his currently rating and we will let the VA Doctors know on next visits (June 30th and July 15th). Theses are SC issues that are preventing him from working now.

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?

Edited June 22, 2015 by pete992

[Navy04]

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