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When to Apply for TDIU

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SpinningWheelsInIndy

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In Oct 2014 i was awarded 10% R Ankle 20% L Ankle 10% L Knee 0% R Knee 10% Lower Back Secondary 10% L  Lower Extremity Nerve damage Secondary 10% R Lower Extremity Nerve damage. And denied  SC for TBI, claimed for concussions on AD, Denied  SC  for Cervical Spine for Degenerative Disc Disease, denied SC for Hearing Loss. I filed an appeal to SC the TBI and Cervical Spine and to increase % on R Knee in Oct 2014 did not appeal hearing loss (my first time dealing with VA). i should have but didn't.

Last Month (26 May 2016) I receive a SOC denying Knee increase and TBI SC, but nothing about my Cervical Spine. I Call my VSO who informs me that my Cervical Spine has been service connected to 10% back to 2012, with secondary 40% R Arm nerve damage and 30% L Arm Nerve damage but the nerve damage is retroactive to May 2016 the date of my last C&P exam. I filed form 9 within 2 days of receiving SOC, but am still waiting on something from the VA about Cervical Spine so i can NOD the effective dates for R and L Arm Secondary.

With the Cervical Spine + secondaries being service connected my disability rating increased from 60% to 90%. If i am correct that qualifies me for TDIU? If so do i have to be unemployed to file for TDIU?  And do i have to wait for the VA to notify me in writing of the increase before i file?

Edited by SpinningWheelsInIndy
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OK, now we are getting somewhere. 

3 hours ago, Buck52 said:

usually most veterans enroll in VA VOC-REHAB and the couslers can't find you any work that you can do because of your S.C dIsabilitys

I sent a request for VR&E on E Benefits in Oct 2015, got a secure message that said my request was submitted on 10/20/2015 and I would be notified soon about the next steps? Is this long a wait usual? if not contact my VSO or?

 

11 minutes ago, DDuck said:

Also under most circumstances quitting your job to apply for TDIU is not going to be favorable to your claim.

Only time I can forsee is if you have a doctor tell (in writing) you that quitting is in the interest of your health because your SC disabilities are having such an adverse affect.

My advice is do not quit unless you have a doctor advising (in writing) you to do so.

i have do not intend to quit, but i am a liability to myself the longer i stay in my current position due to my disabilities. i just recently found this website and TDIU so am at the beginning of of research.

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Then you need to get a doctor to address that in writing in regards to your claim. Quitting your job without it is a huge gamble, if a doctor will not write it up you are taking a chance that the VA will also question it.

This is your life, your choice, I am just laying out how claims usually work and how to make sure you are putting forth the best claim you can.

Dan

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  • HadIt.com Elder

TDIU

Is one of the hardest claims to win, you need medical evidence from a qualified Dr stating due to your .S.C Disabilitys  (if they are Service Connected? ) you can no longer work,  this is what you need and a statement from you in detail as to why you can't work or do any kind of employment because of your Disability's & they need to be Service Connected.

If your getting SSDI then submit your award as evidence you can't work also....but if your still working I doubt very much your getting any type of SSDI?

jmo

.............Buck

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  • HadIt.com Elder

DEPARTMENT OF VETERANS AFFAIRSVeterans Benefits AdministrationWashington, D.C. 20420

June 17, 2013Director (00/21)In Reply Refer To: 211BAll VA Regional Offices Fast Letter 13-13ATTN: All Veterans Service Center PersonnelSUBJ: Claims for Total Disability Based on Individual Unemployability (TDIU)

Purpose

The purpose of this Fast Letter is to revise and clarify VA procedures relating to claims for total disability ratings based on individual unemployability (TDIU).

Overview of Changes

VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. As part of a substantially complete application for TDIU, VAwill require that the claimant with multiple service-connected disabilities specify atleast one disability that he or she believes causes the unemployability.

VA will consider the Veteran’s specification of the disabilities that he or she believescause unemployability to be claims for increased evaluation for those conditions.

VA will require the claimant complete and submit VA Form 21-8940,

Veteran's Application for Increased Compensation Based on Unemployability

, to substantiate theclaim of TDIU.

VA will administratively deny TDIU claims if VA requests, but the Veteran does notsubmit, required forms or evidence.

VA has the flexibility to request either condition-specific Disability BenefitsQuestionnaires (DBQs) or a general medical DBQ when VA determines thatexaminations are needed to decide the claim.

VA will interpret the schedular requirements in 38 C.F.R. 4.16(a) to mean that acombined 70 percent rating is only required if no single disability is rated at 60 percentdisabling.

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The folk above are right on the money.  I can't really state how my claim worked as I fell under different circumstances and the order in which I received the my benefits.  Circumstances and situations differ quite a bit.

You are either going to need an opinion from a vocational specialist or a doctor opinion stating that you are unemployable due to service connected conditions.  These two combined or individually will open the door for IU.

I have both service related and job related injuries that impaired my career enough that I could not perform my job tasks and could not be cross trained. 

You are at 90% so while this claim in your case is going to be tricky however it is possible. Others and myself have and are proof of that. Please I cannot stress enough, don't compare your claim to others because the specifics of each claim can differ widely and they impact your situation quite a bit.

If you have a rating that is at least 70% or a combination of disabilities with one being rated at least 60% and others adding up to 70% then this will open the door for IU.  

"VA will interpret the schedular requirements in 38 C.F.R. 4.16(a) to mean that combined 70 percent rating is only required if no single disability is rated at 60 percent disabling."  Buck is right on the target with this.

The VA is going to ask you to play doctor and state which disabilities keep you from working.  This is a well known trap.  You are not a doc or a vocational specialist.  I would consider stating that all your service connected disabilities hinder and make employment extremely difficult or not possible. These are facts, the seriousness of your medical conditions will back this statement.

You are going to have to make on choice on whether it is more beneficial for you to continue working or not.  If you believe your job position is in jeopardy and can prove it with medical documentation and job related evidence then I would consider the IU route.  

If you are able to work and continue to work then you are not really individually unemployable.  That doesn't mean that you are not disabled and are having difficulties. Just means that you can do something to be make some money, but the question is whether that alone would be enough?

I made the decision.  I would rather have gone out on my terms, whether via medical retirement, than be fired.  For me that was the best decision I could make for myself and my family.  JMO

I kind of hit a bunch of areas.  I hope the information is of some help.  Good luck. 

 

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