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.

 

[HorizontalMike]

1 hour ago, broncovet said:

Ok, Mike.  Lets put your Doctorate in EA to use.  YOu can do c and p exams, (you may have to shave and put on a tie).  VA will surely hire you because you can offer to work cheap and give evidence to deny.  

Then you can award every claimant.  When VA whines you are approving too many VEts, you can counter the VA is denying too many, and they cant fire you because you are disabled and can't read, so someone must have given you the wrong stamp of "at least as likely as not" instead of the one "not related to service".  

Ah... but they could fire me!  Remember that I am unemployable TDIU!  And approving ALL cases/claims would just show how unemployable I really am!

[broncovet]

The VA does not fire bad employees, they promote them and give em a bonus.

And, since being unable to read is a requirement for most positions in VA, such as rating specialists, you  should be able to get your TDIU backdated, since you have not been able to read since military service because, according to my company commander, we could not do ANYTHING without permission, and MY CC has not yet given me permission to read, so I can't read either!  Commander's orders!    

Edited January 8, 2016 by broncovet

[labrat]

Penelope,

How's it going?  Did you apply for Voc Rehab through the VA? 

Did you apply for TDIU?  Since you are at 60% for CFS alone you do meet the scheduler requirements for TDIU.  Also, your income is below the poverty level (as you get SSDI) so you meet the income requirements for TDIU. 

On 1/3/2016 at 8:48 PM, Penelope said:

I filed for SSDI and that was granted for CFS, as well as other issues.

The Unemployability form 21-8940 asks to list your last 5 years of employment -including time lost from illness which would support your claim for IU.  You can attach information to the 21-8940 form to explain more such as accommodations.  Along with the TDIU form, I included a resignation letter that I had from my last full time position stating I resigned due to my medical condition.   I was granted 60%  for CFS and TDIU with the help of a veteran's lawyer.