tdiu Tdiu Initial Denial What Is Needed To Get Approved?

[ltllis1977]

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!

[john999]

You say you submitted "your" letter of termination. Do you mean you resigned? I think you should most definitely appeal your denial of TDIU. I was denied TDIU in 2002 and I was 70%. I got me a few IME's and I got TDIU P&T within 18 months. I was fired from my job. When they fired me I hired a lawyer using MSPB rules. We came to a settlement for me to receive disability retirement. I applied for SSDI as well. I filed my TDIU papers about the same time. I got it all within about 18 months. On the way out the door I filed for worker's compensation and I got that as well for a couple of years until the TDIU was approved. They threw me into the briar patch. I was already working limited duty with about five active worker's compensation cases. They fired me and within six months I was collecting wage loss from OWCP. It was a dumb move on their part. I still get treatment at DOL expense. I would never give up on what they owe you and they owe you plenty IMO.

[SemperAye]

I think the first step is to obtain proof that your service connected disability(s) have caused you to be fired/loose your job. Did you get your former employer, and all other employers within the last 5 years to fill out the 21-4192? Even if they refuse to sign it, some people have had success filling them out themselves and certifying that they could not get the employers signature. If you fill it out yourself, I would make sure to attach any proof of disciplinary actions taken against you, printout of days you have called in late/sick-time etc.

I think getting the IMO letter will help with an appeal, do not appeal without it. Looks like they already tried reducing you so that you do not qualify for IU without extra scheduler consideration. Appeal the migraines back to 30% so that they can not say that you do not qualify for IU, but 50% + 30% only = 60% by VA math I believe....is there something I'm missing?

[ltllis1977]

I just want to thank everyone for the support and help, and a little update on what is going on currently, I know it is a slow process.  So I  have found a new civilian counselor who has convinced me to go for SSI as well, but that is a year process.  She is writing the letter that states why I can not work physically or sedentary.  I go back on the 31st, so nothing can move forward til then.  I know it is only a week, but seems like forever.  Hopefully I can update with awesome results by the end of the year with the appeal.

[SemperAye]

 "No job I could ever find would work around that schedule."

Look up West At Home LLC & Sykes. All flexible work-at-home job opportunities. These company's were given to me by a VA social worker last year.

In my case, I was terminated from one of these work-at-home jobs after being disciplined by the company in which they wrote out that I "was not able to commit to the hours that I chose to pick up do to medical reasons."  I had been working with them for a few years and kept on getting in trouble, but was not fired until things got so bad that I couldn't work at all. Thank God I was able to screen shot this and a few other things before I lost access to their system.

Anyway, I've heard that many VA Disability Attorneys have access to doctors who they would recommend to fill out a DBQ about your unemployability if your getting nowhere with the VA doctors.

[Guest]

I just want to thank everyone for the support and help, and a little update on what is going on currently, I know it is a slow process.  So I  have found a new civilian counselor who has convinced me to go for SSI as well, but that is a year process.  She is writing the letter that states why I can not work physically or sedentary.  I go back on the 31st, so nothing can move forward til then.  I know it is only a week, but seems like forever.  Hopefully I can update with awesome results by the end of the year with the appeal.

I sure hope you apply for SSDI and not SSI.  Always remember that SSDI (Social Security Disability Insurance) is for people who paid in the SSA system and become too disabled to work and file for disability insurance.  SSI (Supplemental Security Income) is for people who are low income and did not pay in the SSA system.  Since you are already receiving a 70% combined service connected benefits, your income is too high for SSI because it is income based but SSDI is benefits that you paid in and earned and it is not income based.  Just wanted to point that out.

[Bmanmax]

I cannot say I ever had a problem with VA claims. However, my disabilities was well documented by the time I got out of the Army. The only thing I had a problem with was getting my neck condition service connected. They denied my claim so I looked in my Army medical records and found 1 x-ray of my neck that showed an abnormality. That one piece of paper proved my case. A few weeks I got my letter from VA for SC neck.

I also never filed an appeal trying to get a higher disability %. I always felt that they treated me fairly with my ratings. Every time I got reevaluated they up my disability and 2 weeks after I retired on disability they gave me TDIU, P&T. I did send them a letter in advance telling them that I was retiring on disability and would be filing a claim for TDIU soon.

I feel that the more you fight the system the harder it becomes for you in the long rum. Some people just do not know when or what battles to fight. So many people fight for a 10% increase in one condition that is not going to change their combined %. A lot of stress over nothing and the veteran will most likely would get it and more at their next reevaluation. I read one claim at The Board of Veterans' Appeals and the veteran was claiming gray hair to be a disability. These people tie up the system for everyone else and then complain about how slow or unfair it is. I feel sorry for those who can get something back from the system like a higher combine %.