tdiu TDIU - Permanent and Total

[Penelope]

I retired from the Post Office 4 years ago due to Chronic Fatigue Syndrome.  It was a regular retirement.  I left on my doctor's advice because I could not do the job and the stress was making my CFS worse.  I filed for SSDI and that was granted for CFS, as well as other issues.  Since that time,  My rating of 60% disabled for Chronic Fatigue Syndrome has been in effect for more than 20 years and I am 63 years old.  I think I should file for Permanent & Total and or TDIU, but am hesitant on doing so.  I tried to write up the paper work today, but it is so difficult to relive that time in my life.  I should also add that my VA doctor has written up letters over the 20 years with the same restrictions the entire time and stated that my disability and these restrictions were permanent and no endpoint was defined.   I was accommodated in my position until about 2007.  At that time, things changed and they no longer wished to accommodate me, as well as others.  They didn't want anyone there that had any type of restriction.  After more than 17 years in a bid and being accommodated for that long, the bid was abolished and it took more than 3 years to get a bid and an accomodation.  In that accomodation, I was told it was an accommodation of last resort and could be changed at any time.  They also abolished the occupational code, so I took a bid that I thought I had a chance that I could do.  It turned out that I was unable to do the bid and realized that I would have to start the whole process over again to find a job I could do and get accommodated.   That is why I retired.

I feel paralyzed and am not sure if filing this is the right thing to do or if I should just keep the 60% and let the rest lie.  I cannot risk my 60% rating.  My Chronic Fatigue Syndrome and restrictions are what lead to my retirement.  SSDI decision addressed the fact that I can no longer even do sedentary work.  The stress of even thinking about and following through on another VA claim is taking its toll.  I think that is why I have waffled on making this decision.

Your thoughts are appreciated.  Thanks for your time.

 

[Gastone]

Do you meet the VA Scheduler requirements for an IU rating?? You might have to try for an Extra-Scheduler rating, tough to do.VA Raters don't consider age as a factor and an SSDI Award doesn't necessarily equate to a VA IU Award. Expect a C & P Exam, with emphasis on ability for Sedentary work evaluation.

The 20 yr SC only locks in the 60%, has nothing to do with IU. Your going to need a VA Vocational Rehabilitation Evaluation that states that your IU, unable to do even Sedentary work, due strictly to your SC condition.

The VA Rater's Sedentary evaluation is critical and has nothing to do with you being able to do any or all of your old job. Your education, previous training and ability to do any type of work that would earn in excess of the SGI (Substantially Gainful Income currently $12,400) per year, is a primary focus of the VA rater.

As for filing the claim, you don't have to re-live anything at this point. File for increase of your present SC to include IU on your E-Ben site. The only decision right now, do you file an FDC or Reg Axx Claim. You could always use a VSO-Rep, that's up to you.  FDC Decisions can be up to 1 yr+ or so quicker than Reg Claims decision.

Semper Fi

[Guest]

Which are nearly constant and so severe as to restrict routine daily activities almost completely and which may occasionally preclude self-care100 %

Which are nearly constant and restrict routine daily activities to less than 50 percent of the pre-illness level, or; which wax and wane, resulting in periods of incapacitation of at least six weeks total duration per year 60%

My husband and my son and I manage to keep the house going and get things done.

OK, still quoting from your post, if you get assistance with daily activities from your husband and son you can request being rated 100%.  You do not have to meet all the criteria's of the 100% rating.  As for self-care, self care could be that it takes you more time to do personal things like brushing your teeth, taking a shower or something like that. Having CFS can be a bare and it may take you longer to build up your energy to do these things. 

[Gastone]

A review of VA Comp Vs VA Pension requirements for Aid & Attendance is probably a good idea.

Just don't get too bogged down in research and put off filing your claim. Remember, anytime a Vet files a Claim for a New SC condition or an increase of an existing SC award, the VA rating Dept has to view the claim as a request for the Maximum Benefit the Vet is entitled to.

From your original post, it appears that all your supporting evidence is in the hands of your treating Clinicians, Private or VA and the SSA.

Your current 60% is for (1) SC, MH condition, right? If so your Scheduler eligible to file for IU. I'd get hot on getting the Voc Rehab Denial Letter, to back you up regarding the Sedentary work issue. Don't wait for a Denial, be proactive.

File the claim, let the VA sort it out.

Semper Fi

[Penelope]

Thank you all for your helpful responses.  I requested Voc Rehab today.  Not sure how long it takes to hear from them.  I don't think I be considered eligible for aid and attendance because I have Post Vietnam era service.  I am going through my papers and am making an appointment with a VSO to see what they think about the claim.   Hoping to talk to someone about it on Wednesday.  It will be a slow process.  I do have a letter from my doctor stating that I am permanent and total in his opinion, but he did not mention the Chronic Fatigue Syndrome, so I will see if he will amend that.  It will be a slow process for me and I appreciate your help and encouragement.  Thank you all.

 

[broncovet]

Your period of service connection is only relevant if you are seeking NSC Pension with A and A.  If you are seeking compensation, it does not matter when you served.  Expect your VSO to try to talk you out of filing. 

If you have a letter that you are P and T, then by all means apply.  How can an unqualified VSO "overturn" a competent MD who opined you are P and T?  Medical evidence requires medical expertise.  The VA can not substitute their own unsubstantiated medical opinion for that of a competent medical professional.  

[HorizontalMike]

On 1/5/2016 at 7:27 AM, broncovet said:

Your period of service connection is only relevant if you are seeking NSC Pension with A and A.  If you are seeking compensation, it does not matter when you served.  Expect your VSO to try to talk you out of filing. 

If you have a letter that you are P and T, then by all means apply.  How can an unqualified VSO "overturn" a competent MD who opined you are P and T?  Medical evidence requires medical expertise.  The VA can not substitute their own unsubstantiated medical opinion for that of a competent medical professional.  

HOWEVER, the VA can then require/schedule you for "another" C&P in order to make THEIR medical opinion the most current, making your previous IMO moot with regards your P&T claim.  My lawyer has pointed that out to me several times and he insists upon being the last one to submit an IMO prior to a DRO and/or Board hearing.  Fun & games for sure, but he has a point.  Never let the B__'turds win.