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kent101

Should I file for TDIU or do a NOD for 100% PTSD?

Question

If I was to quit my job and just got PTSD at 70% 6 months ago should I file for TDIU or NOD for 100%?

Edited by kent101

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If there was no "Inferred IU Claim" mentioned in your recent PTSD Award Letter, the "Evidence of Record" in your C-File did not raise the possibility of an IU Claim. Just being Unemployed, Under-Employed or dropping-out of the workforce does not necessarily qualify you for a VA IU Rating.

Good luck on getting the PTSD 70 bumped to 100%, can't say I recall ever seeing a success story on that. Could you post a redacted copy of your PTSD C & P DBQ?

If you think you meet the VA IU Award requirements, file the IU FDC now. If the Claim stays an FDC, you should have an Award/Denial Decision within 6 months.

All NOD Filings requesting Reviews or Hearings take  considerable time, 12++ months to 4++ years. Do you want to wait that long?

Your already 7+ months post-Decision, right? If you wait the 5 months for the Decision to become final, you could file an SC Increase FDC the day after the Decision becomes Final. An FDC SC Increase Decision within 6 mos is a possibility.

Any New (SC Increase) Claim filed for an existing SC  automatically, per VA Reg, requires the VA Rater to consider the possibility of an IU Award.

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Dont quit your job and expect to get TDIU.  VA is adamant:  When the Veteran "voluntarily" quits his job, this suggests he could do another similar job.  The VA will check with your previous employer and they ask why you are no longer working there.  

To get TDIU you have to have a doctor state, "The Veteran is unable to maintian Substantial Gainful employment due to SC conditions."  

A doctor is unlikely to say this if you quit your job.  Sure, you could try lying about it, but the VA has ways of finding out these things, and when they do, its not good and you dont want to go there ever.  

Dont apply for TDIU unless you can not work.  Being unemployed is not the same thing.  Lots of people are unemployed for many reasons:  Job cuts, the economy, etc, etc.  To get tdiu you have to prove the reason for yours is that you can not work due to your sc conditions, not because you quit.  

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Incidently, 100% PTSD is similar to TDIU in that, if you read the criteria for 100percent it states, "Total Occupational and Social Impairment".  

How can you say you are "totally occupationally impaired" if you voluntarily quit your job?  If you quit because you could no longer perform the duties, this is something entirely different.  

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22 hours ago, Gastone said:

If there was no "Inferred IU Claim" mentioned in your recent PTSD Award Letter, the "Evidence of Record" in your C-File did not raise the possibility of an IU Claim. Just being Unemployed, Under-Employed or dropping-out of the workforce does not necessarily qualify you for a VA IU Rating.

Good luck on getting the PTSD 70 bumped to 100%, can't say I recall ever seeing a success story on that. Could you post a redacted copy of your PTSD C & P DBQ?

If you think you meet the VA IU Award requirements, file the IU FDC now. If the Claim stays an FDC, you should have an Award/Denial Decision within 6 months.

All NOD Filings requesting Reviews or Hearings take  considerable time, 12++ months to 4++ years. Do you want to wait that long?

Your already 7+ months post-Decision, right? If you wait the 5 months for the Decision to become final, you could file an SC Increase FDC the day after the Decision becomes Final. An FDC SC Increase Decision within 6 mos is a possibility.

Any New (SC Increase) Claim filed for an existing SC  automatically, per VA Reg, requires the VA Rater to consider the possibility of an IU Award.

I never got an award letter in the mail. I didn't get a c&p exam copy.

Edited by kent101
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13 hours ago, broncovet said:

Incidently, 100% PTSD is similar to TDIU in that, if you read the criteria for 100percent it states, "Total Occupational and Social Impairment".  

How can you say you are "totally occupationally impaired" if you voluntarily quit your job?  If you quit because you could no longer perform the duties, this is something entirely different.  

I'll do my best to stay employed.

Edited by kent101

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