TDIU as a second filing

[drewdabbs]

This may have been answered elsewhere but as a long time lurker I have not been able to find it. A brief background. I am at 80% SC (70% for a mental health disorder, 10% for a couple of physical disabilities). But nearly all of this has been awarded through BVA appeal process that has been on going since 2009. Part of the appeal has been TDIU. In short the RO did not automatically send the 21-8940 to start the process when I hit 70% RO and I didn't know I qualified. Once I did know I appealed and it became a part of the 2009 ongoing BVA appeal, but joined it in about 2014. A social/industrial survey was ordered (2015) but not completed as the social worker at the hospital completing it didn't know what it was (he thought it was a survey of current patients). So the BVA appeal has gone back to the common BVA Remand to RO SSoC to BVA Remand tennis game for a few years. A mess.

Here are my current questions: I have been awarded new service connections and ratings since the TDIU denial part joined the appeal. I have also moved, so the 2009 appeal is at the original RO where is any new claim would go to my, now, more local RO.

 

1). is there any way possible to file for TDIU now, through my local office since new service connected disabilities are present?

 

2). Just general opinion if you could, but I had been told that it is detrimental to an appeal to request that RO handling the case be changed or moved to the most recent or local RO. Does anyone have any insight if this is actually true? The old RO is a hassle, its keeps sending appointments and decisions to the old address no matter how many times and ways I update my address, for instance.

 

Thanks vets, any help I get I'll try and pay it forward.

[GeekySquid]

9 hours ago, drewdabbs said:

he change over from the legacy to new system has been confusing me greatly, though so far I think the new system is long overdue.

you are not the only veteran with this issue. There is a new AMA forum on here to help tracking timing etc on the new processes.

Be aware that if you do file an increase claim that is supposed to be considered a claim for TDIU if appropriate. You should be proactive and supply the form and document to avoid delay.

Further be prepared funky status claims from the VA because you do have that Claim on file with the BVA. The new claim will not slow down the BVA case in anyway, but it COULD cause some rater to defer that part of your new claim. Those are two different scenarios you should know about but don't let that stop you from filing.

If the VA awards the TDIU with the new claims, then all the BVA decision would affect is evidence of an Earlier Effective Date. It might just cause the BVA to say the issue was moot because of the new decision. Then you might have to file for an EED after that BVA decision.

Good luck. Let us know what happens.

As for the Address issue, there are several different systems that affect where mailings go. Go to the Director of C&P's at your local VARO and get them to help you verify where all you mailings should go. Bring the misdirected mail and envelopes with you just to show them what is happening so they won't blow you off.

[Richard1954]

You can file for TDIu on line at ebenfits just like you do for any other claim....

Eventually, the va will update the address if you sent them the new address.. or you could go to the local va regional office in person and let them know there.....

Even if you have claims in appeals,  a new claim will not slow down any appeal.

[broncovet]

1.  Yes.  File for TDIu if you think you are qualified, that is, if a doc says you are unable to maintain SGE due to SC conditions.  

2.  The "old" RO system has been changed.  Any claim now goes into a "NATIONAL" WORK QUE.   Your claim will be processed in order received on the national work que, regardless of where you live.    So, I dont suggest even trying to "change" your RO, it can be processed anywhere anyway.  

     Your TDIU claim wont be processed seperately.  In fact, there is no such thing as a "stand alone" tdiu claim, they are all now part of a claim for increase.  source:

https://www.hillandponton.com/part5-total-disability-based-on-individual-unemployability/

[Buck52]

                                               

    

Individual unemployability (IU) is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100 percent rate, even though VA has not rated their service-connected disabilities at the total level. To be eligible, a veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have one service-connected disability ratable at 60 percent or more, or two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

Veterans who are in receipt of IU benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment. Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides. Marginal employment is generally deemed to exist when a veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only.

 

[drewdabbs]

Thank you for the response. It makes sense that it could be viewed as a new and separate claim.

[drewdabbs]

Thanks all for the responses. I think where I was mainly stuck was not on what TDUI actually is but if I can file a new TDUI claim form along with a newly awarded or adjudicated disability, as the VA suggests, or if I was trapped because I have a legacy BVA TDIU appeal awaiting resolution - and has been for years. The change over from the legacy to new system has been confusing me greatly, though so far I think the new system is long overdue.