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Tdiu Initial Denial What Is Needed To Get Approved?

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ltllis1977

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Good Morning

I just received my letter with the decision on my claim. I applied for an increase in anxiety and got it, migraine headaches, not sure how that got in there but it got decreased, but I am not concerned with that portion. IT is the unemployability i am concerned with.

Long story short, I have not been able to find a job since I came to Tennessee in Jul 2013, with the exception as a driver helper at ups for christmas 2014. Started working at the USPS on 26 December 2014 then was terminated on 18 April 2015.

On 22 April 2015 I put in the claim above. I just told the above facts on ebenefits for my claim.

So my letter states May 1, 2015 $1839.48 compensation rating adjustment my increase for depression/anxiety from 30 to 50% effective date I filed

June 25, 2015 $1586.71 compensation rating adjustment decrease from migraine headache 30 to 0%

effective date of my compensation exam

Oct 2022 $1530.71 minor adjustment

So combined was 70 % Mar 21, 2013

80 % April 22, 2015

70 % Jun 25, 2015

Entitlement to individual unemployability is denied because the claimant has not been found unable to secure of follow substantially gainful occupation as a result of service connected disabilities. The Veteran is considered capable of gainful employment.

So my question is what do I need to prove my unemployability? I am preparing my appeal right now! and will get the proof that is needed, but have no clue what that is. They already have the termination from the post office. Please help!

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How long were you with the USPS?

Why did you get terminated?

Were you an employee under FERS?

A current medical opinion from a doctor, a VAMC Disabilities Benefit Questionnaire (DBQ) completed, and/or a VAMC doctors statement placed into your VA Medical records stating your unemployability. If you answer the three questions. I may be able to give you more advice. I too, was in somewhat your situation.

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That's the fastest termination I've heard for a federal job. Why did you get terminated and did you submit any disciplinary action/leave records for the IU? Co-worker and supervisor statements help too.

Edited by bionoce
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  • HadIt.com Elder

A letter from your doctor stating that you are unemployable solely due to your SC conditions is what they want. The doctor should write it up in the form of an IME. There is an example here at hadit. A couple of lines of medical notes is not usually enough. The VA wants an explanation as to when, why and how come you can't work due to your SC conditions. A report from a vocational rehabilitation specialist is just as good usually.

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Long story short, I have not been able to find a job since I came to Tennessee in Jul 2013, with the exception as a driver helper at ups for christmas 2014. Started working at the USPS on 26 December 2014 then was terminated on 18 April 2015.

I think you are a little confused about the purpose of TDIU. TDIU is for veterans that can't work due to their service connected disabilities. It is not for veterans who can not find employment. We can only go by what you post and if you made a statement to VA that you have not been able to find employment they would definitely deny your claim. As others have stated you need a medical opinion that your service connected disabilities make it impossible for you to work. Also at this point if you can get a medical opinion that this is true you can also apply for SSDI. If you are having at least 2 (two) documented prostrating migraines per month this warrants a 30% to 50% rating. Remember 1 (one) prostrating migraine is 30%, so 2 (two) could definitely be argued to meet the 50% rating.

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I submitted my letter of termination from my employer stating they could no longer keep me employed even after all the accommodations they made for me. Terminated middle of 2013 and haven't worked since. Also submitted my letter from my VA PCP about being unemployable and un trainable. I submitted my letter from ILP counselor stating I was unemployable and un trainable due to my conditions. Multiple exams from neuropsychologist, speech pathologists both stating almost borderline morbid state line.

I'm 42 years old and was denied for TDIU, rated at 70%. (VA stated I could perform intermittent sedentary work.) Intermittent sedentary work will not fly with all the VA appointments I have to go to. Average about 2-3 a week. No job I could ever find would work around that schedule. And to top it off my wife or mom take me to all my VA appointments, so guess VA determines they can take me and drop me off at a job if I did ever got one.

Applied for SSDI in 2013 and was denied the first two times, in a few weeks finally have a meeting in front of the ADJ with a lawyer. With God's blessings, maybe she will see that I'm unemployable.

PTSD/ Anxiety/ Cognitive Disorder

Tinnitus

Bilateral knee problems (After 8 surgeries thought I would have been increased but was denied increase but left at same rating

Not service connected or denied:

Insomnia

High Blood Pressure (Award letter stated I was at a compensational state but no records to connect why I have it)

Lower Back pain L5-S1

Arthritis of back/ knees with X-ray, CT, MRI evidence)

Gerd/Ibs

Left Hand Medial nerve damage (No feeling in thumb, pointer finger or middle finger)

There is alot of good information on this website with alot of great people that may chime in. IMO/IME is the best route to go and see your VA doctors as much as possible and make sure their notes are correct!!!!! I asked all my VA providers for more letters and they said they are no longer able to do that. So seems like some of us need to use the civilian specialists for IMO/IME, etc.

I Pray that someone chimes in and is able to help you out. You do need to provide alittle more information so they can help you though. Also the new TDIU regulations require you to list at least one disability that restricts you from being unemployable. Sets things up for more c&p exams and perhaps lowering of your ratings, that's why I have just left things alone in my own case. I can't afford to lose any ratings and also not able to find a job. If did find a job I wouldn't last more than a week or two if most. Also I wouldnt be able to attend my VA appointments so VA would assume I'm better now.

God Bless you and I pray that you get better information from the experts on this site, and that you have better luck than I had. I gave up and just letting God decide on what he has determined is my plan in life.

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Pete is 100% on the money, and I think that most Vets think that a little % here or there means that they meet the IU Criteria, when in most cases they don't. Ask yourself this, does your Disabilities 100% keep you from Working Manual Labor or Desk Duty? You can consider yourself disabled in one way, yet the VA or SSA say that you can do other type of work. As stated above Do you collect SSDI, and if not, you need to file if you feel that your are unable to work in any form. Good luck

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