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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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slangpdx

Is TDIU eligibility the only thing reviewed?

Question

I am working with county VA reps trained by the state.  They say they file about 1 TDIU claim a week with about a 70% success rate.

I was awarded 70% SC in 2011 mental health related with no review since then.  I have not worked for 3 years and have continued to see VA psychiatrists and have been moved to a primary care unit where docs are psychiatrists.  Multnomah County Oregon, Portland VAMC. 

County rep says the TDIU claim involves assessment for TDIU ONLY and will not readdress the 70% rating at all.  Is this true? 

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Slangdx, I will let someone with more background talk to your question. But I would be interested in knowing how old are you? I find it very interesting that you were awarded your claim 8 years ago and not had a review since. I'm thinking your doc notes etc. are used in lieu of a formal re-eval and that is why you haven't had a formal C&P. Based on your history, I wonder if you would be a candidate for P&T? Someone will talk to that. In any case, keep up the work at your clinic. You must be doing something right. Keep it up!

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How does that rep think the VA could evaluate you for unemployability without evaluating what makes you unemployable?  Your "county rep" must have never done this before, or maybe you've misunderstood something he/she said.  

A claim for TDIU is treated as a claim for an increase in the condition that reportedly causes the TDIU.  So, by stating that your mental health disability causes your unemployability, there's a 100% chance you trigger a C&P mental health exam.  

Is your condition such that you are you unemployed and unemployable solely due to your SC issues?  If so, why aren't you just rated 100%?  You might want to discuss this with your doctor(s) and ask for an opinion before you file that claim.  

Have you attempted to enter a VA Vocational Rehabilitation & Employment program?  A VR&E counselor can help to determine whether you could benefit from vocational training that would help you get a job, or if your disability prevents you from being considered "feasible for employment".  If the evaluation says you aren't employable, a letter from the counselor can be invaluable evidence to be awarded TDIU.

Best of luck in seeking your benefits!

Edited by acesup
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Tx for responses.  I am 63.  What is P&T?

Could have put the following in at first, but didn't want to give too much info.

Was also awarded SS disability  in July 2018 on first try with no appeal, only happens in 10-15% of cases.

Vet rep is trained by state**, is adamant that the 70% will not come into question.  Is sending me for IMO paid for by state to see if it will help.  Says this would if successful go to "rated at 70% but paid at 100% for TDIU".  Was recently told the same thing by a DVA rep at an outreach clinic.

Original VA award was on appeal using an IMO.  I do remember making repeated calls to have it taken out of an inactive stack and fastracked to avoid going past a deadline.

I have been gong to VA voc rehab; for those who don't know how it works, at least here, they do not look for or refer vets to jobs.  They only pay to go to a local community college.  I don't need more job skills (last job paid $52/hr), but cooperated and took two database courses getting A's in each.  College was supposed to look for unpaid internship leading to job offer with VA paying $6/hr.  They only found one with a nonprofit that would not lead to a job, said if I didn't take that they were done with me. 

Have been working with state voc rehab ( I have disability determination with them also, as with state human resources), again nothing, they farm all job search work out to 3rd party contractors who can only do cold calling like me. 

** State law diverted some lottery money from education to vet services a few years ago.  I have been told by two sources in different organizations that all the money went to train people to help vets submit disability claims; none went for job training, searches, employer outreach or anything else job related.

Edited by slangpdx

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Negative.  A claim for tdiu is a claim for INCREASE.  There is no such thing as a stand alone tdiu claim.  

Try this source: https://cck-law.com/blog/news-news-tdiu-claims/

or Rice vs Shinseki:

https://www.uscourts.cavc.gov/documents/Rice-1445.pdf

Where Rice explains, "there is no such thing as a stand alone tdiu claim".  

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4 hours ago, broncovet said:

Negative.  A claim for tdiu is a claim for INCREASE.  There is no such thing as a stand alone tdiu claim.  

Try this source: https://cck-law.com/blog/news-news-tdiu-claims/

or Rice vs Shinseki:

https://www.uscourts.cavc.gov/documents/Rice-1445.pdf

Where Rice explains, "there is no such thing as a stand alone tdiu claim".  

Tx for response.  I'm sure my vet reps do not know everything, but Rice also says this:

"A TDIU rating is not a basis for an award of service connection. Rather, it is merely an alternate way to obtain a total disability rating without being rated 100% disabled under the Rating Schedule." Norris v. West,12 Vet.App. 413, 420-21 (1999).

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