TDIU C&P EXAM. Dr. Stated unable to work. TDIU Award?

[ArmyParaRig]

Hello. I’m new to the hadit community.  I had 2 of my C&P TDIU exams last week. Both Dr’s stated that I am unable to work. Based on C&P for PTSD-MST, do I have a solid case to win my TDIU? I have been unable towork since 2015 due to my SC disabilities and am currently at 80%. I’ve attached what Dr. wrote below. Thanks 

“Vet continues to be overwhelmed by stress and anxiety when she is outside of her home. Working in an environment with others, especially dominant males, would be very intimidating and likely overwhelm her ability to function effectively. Vet reports difficulty focusing issues even when she is at home. She has attempted to do tasks such as reviewing records, but due to her poor focus and I attention, she is unable toeffectively complete the task. Furthermore, her insomnia and nightmares as well as fatigue related to her back pain cause her to be consistently tired throughout the day. In 2015, she attempted to go backto work as a school nurse (which is a relatively lowstress nursing position) and was NOT able to complete the job, eventually quitting.”

[Buck52]

As elder member broncovet has pointed out  many times ,you need the 3 main caluza elements required

the first 3

Disability Compensation

Veterans who have disabilities, medical conditions or injuries incurred or aggravated during active military service—no matter when or where they served—may be eligible to receive tax-free monthly benefits.

VA Requirements

To support a claim for service connection, the evidence must show the following:

1.You have a current physical or mental disability.

2.You had an injury or disease in service or experienced an event in service that caused or aggravated an injury or disease.

3.There is a link between your current disability and the event, injury or disease in military service.

If you have any of the following relevant items, you should submit them with your claim:

Discharge or separation papers (the DD-214 or equivalent).

Service treatment records and supporting statements.

Private medical provider records and hospital reports.

Edited January 7, 2019 by Buck52

[Buck52]

Posts a redacted copy of your C&P REPORT so we may help you better.

please black out your name &SS# CLAIM# ect,,,ect,,,,,and any personal info 

Edited January 7, 2019 by Buck52

[Buck52]

I would add this   if you have a letter from a VA Voc-Rehab counselor stating that ''it is unfeasible to retain this Veteran at this time due to his S.C. Disability's''

That is a gold ticket to TDIU.

[ArmyParaRig]

48 minutes ago, Buck52 said:

I would add this   if you have a letter from a VA Voc-Rehab counselor stating that ''it is unfeasible to retain this Veteran at this time due to his S.C. Disability's''

That is a gold ticket to TDIU.

Hello Buck52 and thank you for your reply. I am beyond the 12 year basic entitlement for the VR&E services program. During both C&P exams last week for TDIU, both Dr.’s stated unable to work due to SC disabilities(70%PTSD-MST 40%DDD 10%Radiculopathy Right lower extremity totaling 80%Service connected disability.) I have been unable to work due to my conditions since 2015. Do I have a solid case to win TDIU? 

[broncovet]

I agree with Buck.  IF you have DOCUMENTATION of all the Caluza elements,

AND your doc says you are unable to work due to sc conditions, then you should eventually win TDIU (or get 100 percent) upon appeal.  

I say "upon appeal" because its a well known fact on hadit that Veterans usually have to fight the VA for their benefits (that is appeal, often multiple times).   Only about 15% of Vets get their benefits without any appeals, that is, on the initial decision.    Of course, then their VSO comes along and tells them they should not appeal..so many dont, even when they are lowballed.  

[Buck52]

4 hours ago, ArmyParaRig said:

Hello Buck52 and thank you for your reply. I am beyond the 12 year basic entitlement for the VR&E services program. During both C&P exams last week for TDIU, both Dr.’s stated unable to work due to SC disabilities(70%PTSD-MST 40%DDD 10%Radiculopathy Right lower extremity totaling 80%Service connected disability.) I have been unable to work due to my conditions since 2015. Do I have a solid case to win TDIU? 

Yes this sounds good  and you should get the IU but you need to file for it  don't rely on the VA to just give you the TDIU, If your 80%combined and can't work due to these condition  file for the IU, or if you just get  the 80% you may want to Appeal and seek an Increase if your condition warrants.

its better to be schedule 100% vs IU.  BUT if they do infer the IU then if I was you I'd agree with that.

any time you may have another condition that is service connectable  file the claim for it. the more percent on a s.c. condition  the better, even if there's no more $$$ it will make it harder for the VA to reduce you if you ever get a Proposal to reduce.

also I'll add this  if your IU   even below the 100&  in your case 80% combined on IU or rated the scheduler 100% if you ever have another separate  s.c. condition at 60% or higher  then that opens the doors for SMC (Special Monthly Compensation)