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TDIU

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saints13

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Thank you everyone for your advise. 

I was diagnosed with PTSD, Anxiety, HBP, GERD, IBS, lower back disorder all about the same time frame back in 2013. I was fired from my job so applied for SSDI and haven't worked since. I was denied SSDI the first two times but at the judge level she approved it. I got the judges letter fully favorable within 1 week. Now just waiting for my award letter before SS will talk to me or let me add my bank info or add my dependants.

As far as VA claim it was denied for PTSD, knee derangement increase (even after 8 knee surgeries) and denied all other conditions even TDIU. I got a letter from my all my VA mental health providers stating I'm unemployable as well as what they say I fall in the category of mental conditions. Also that I'm untrainable and unemployable and if did Persue it that it would make all my conditions worse. Also got letters from my VA PCP stating the same thing basically. Also my VOC REHAB ILP counselor wrote a letter stating I was unemployable and untrainable and needed ILP, SSDI, etc. The SSDI judge said in her report all the letters weighted heavily and considered my condition of PTSD and knee derangement SEVERE. She also stated the state vocational expert said I was unemployable and there are no jobs I could preform in the labor market.

I was hoping since VA denied my TDIU that I could just resend all the VA provider letters, VOC REHAB letter and now SSDI judge report it would change the raters opinion and finally grant me TDIU. Just afraid to rock the boat and possibly having rating lowered.

I have a family of 7 so money is being stretched on 70% and no SSDI yet. God was great in granting me the 70% and also SSDI. I have appts with VA about 2-3 times a week between mental and physical appts which makes me even more unable to get a job even if I could work which I can't due to my conditions. Also my wife can't work due to having to take me to my appts.

Again God bless everyone and thank you for all your input!!! If ever approved will pass on my experience and procedures to help others obtain their needed benefits. God wants everyone to tell their testimonies and blessings.

thank you everyone for all your time, help and support, it is greatly appreciated!!!

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Oh one last letter was from my last employer that laid me off/fired me. Stated they made all the accomendations but I was still unable to perform my duties which had to be given to others and I was missing too much work due to my disabilities and dr appts. 

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SS has completely different guidelines,. although the VA and SS seem to be now exchanging information, To get TDIU you must not be able to perform suitable , reasonable employment,

For SS if you can breathe on your own and fold clothes , answer a phone, scoop dogshit,,,, you will be denied.  .

It is a trap, because the Lawyers want you to " enhance" your situation to try and win. So if you embellish your severities of disability, and later down the line, you get caught spinning the wheel on wheel of fortune, your ass is going to jail.  for the little SS pays, if your getting TDIU, I would not even bother.

ALSO  SS isnt a give it to you and forget abt you. They can call you every few months and bother the hell out of you. I have a totally handicapped, autistic son, and they call and bother us trying to shave his check every chance they get...

If you cannot make it on TDIU, with free medicine, free healthcare, no taxes, ect, you may want to take a hard look at what your wants and needs are. Also I know its more expensive to live in some places.

Theres an old saying that says......

IM LIVING HOW I HAVE TO NOW, SO I CAN LIVE HOW I WANT TO SOONER.

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Just an update,

Have 2 letters from VA PCP stating I'm unemployable and un-trainable, also stating I can not work or attend training as it would worsen my disability, symptoms

Have letter from VOC REHAB ILP Counselor stating I can not work or attend training as it would worsen by disabilities, symptoms

Have letter from Highly rated Orthopedic Doctor that did my bilateral knee surgery saying both knees are moderate to severe (This is now total of 8 surgeries on my knees)

Have multiple letters from Mental health, Neuropsychogist, Cognitive Therapist, along with their findings of all their tests

Have 4 different VA Mental Health C&P exams. 2 of them in my favor, 1 not in my favor and last one just conceding to the other 2 favorable. (I have never heard of 4 exams, sounds like VA trying to get a VA C&P to deny it)

Have approval letter from SSDI and Judge stating PTSD and bilateral knee conditions are severe along with the Vocational Expert saying no jobs are available for my age, education, amount of appts, etc

Letter from last employer stating why I was fired

Form VA 21-4192 filled out by both employers. First employer made it short and sweet as they are a corporation afraid of being sued so did not mention any missed days but I was salary employee, Second Employer explained everything and all the time missed.

IU form-- 21-8940 almost filled out and still reviewing before I actually submit it.

About 10+ MRI, Xrays, CT of knees, back

2 Letters from previous employer that was a corporation that did not mention anything except that I did in fact work there but did not mention any time lost from work. So that is why I got letters from my supervisors to explain the absences, decline in work productivity, etc since they knew first hand about me being there or not, etc.

 

Should I put in for TDIU for my knees or PTSD as the reason for disability? New TDIU regulation treat TDIU as a request for increase unlike the older version.

My PTSD was the hardest to get and don't feel like going thru 5+ more C&P exams for it, cause I know that is what they will do, they already did it the first time I applied for it. I'm new to a different VAMC so getting letters is non existant

My knees never got increased and TDIU was denied saying I was on convalacent leave and you can't get TDIU while on convalacent leave and also that VA can not find jobs that I can do but they know there are sedatory jobs that I can do

 

Any feedback would be greatly appreciated!!! As I want to send in one packet, FDC and not have any hangups that is why I printed out the VA Form 21-4192 to have last two employers fill them out.

 

 

 

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