Chances of TDIU / Unemployability & Effective Dates

[HAR2016]

My husband recently applied for TDIU or Unemployability as it’s known to others. I was wondering if someone could give me any advice on his chances of approval or eligibility based on his employment history? He meets the criteria for TDIU. I just don’t know what kind of employment history or not makes one eligible.  Also if eligible for tdiu, what would his effective date be? 

Some background: 

Discharged 2011 

Was active duty infantry in Afghanistan  

2012 Rated 30% service connected for PTSD 

2012 worked at fast food job for 3 months before fired for no call / no shows 

2013 no work 

2014 worked 4 months at a job before the job was over and the position was terminated - he was laid off 

2015 rated 70% ptsd

2015 - also no work this year 

2016 no work

2017 no work

2018 started work at a family members business - accommodations were made (allowed to work alone; allowed absences,  breaks etc) 

2018 - started claim - for increase due to working issues - but didn’t file 

Feb. 2019   filed for increase from 70% to 100% ptsd based on effects of ptsd at work and in daily life - 

April. 2019 c & p exam

April. 2019 Received decision on claim- PTSD continued at 70% disabling 

April. 2019 Started claim for TDIU 

August 2019 Quit employment at family members business due to ptsd.

Earned roughly 13,000 in one year (poverty level is roughly 24,000 in my region based on family size)  well below poverty level 

September 2019. Filed for IU. 

Does his history show show enough or not show enough work to qualify for tdiu? 

What would his effective date be? 

He has been unemployable since his discharge 2011 but he wasn’t rated at 70 until 2015, since 2015 he has not worked until 2018 when he started work for a family member. 

Even with accommodations he couldn’t work and now he is unemployed again. 

 

 

 

 

 

[Buck52]

HAR 2016

Quoted

''April. 2019 Started claim for TDIU ''

''September 2019. Filed for IU. ''

he refiled for IU TWICE?

When he ask for increase on his 70%sc PTSD   and stayed the same  did they provide a IU  form to file?

To answer your question  yes he should qualify for IU if he can't hold down a job due to his S.C. PTSD you need a qualified  Dr to opine this.

You will need to wait and see if he is approved for the IU He filed twice on, this will slow his claim down.

check e benefits for the status of his present claim/claims?

  and if he filed for the IU After Feb 19th 2019  then he is in the new AMA System broncovet mention   and there are 3 different lanes in which the Veteran has a choice

  I hope your hubby knew which one to use?  the best lane to use when submitted new evidences is the supplemental lane   broncovet mention.  as with the Higher Review Lane Veteran can;t submit new evidence   these are for the Veteran that has everything he needs as for as evidence and after you file the higher review lane  then thats it  your either denied or approved 

we need more information on what all he has filed on and the claim form#;s when filed?

[HAR2016]

On 9/24/2019 at 9:40 AM, HAR2016 said:

My husband recently applied for TDIU or Unemployability as it’s known to others. I was wondering if someone could give me any advice on his chances of approval or eligibility based on his employment history? He meets the criteria for TDIU. I just don’t know what kind of employment history or not makes one eligible.  Also if eligible for tdiu, what would his effective date be? 

Some background: 

Discharged 2011 

Was active duty infantry in Afghanistan  

2012 Rated 30% service connected for PTSD 

2012 worked at fast food job for 3 months before fired for no call / no shows 

2013 no work 

2014 worked 4 months at a job before the job was over and the position was terminated - he was laid off 

2015 rated 70% ptsd

2015 - also no work this year 

2016 no work

2017 no work

2018 started work at a family members business - accommodations were made (allowed to work alone; allowed absences,  breaks etc) 

2018 - started claim - for increase due to working issues - but didn’t file 

Feb. 2019   filed for increase from 70% to 100% ptsd based on effects of ptsd at work and in daily life - 

April. 2019 c & p exam

April. 2019 Received decision on claim- PTSD continued at 70% disabling 

April. 2019 Started claim for TDIU 

August 2019 Quit employment at family members business due to ptsd.

Earned roughly 13,000 in one year (poverty level is roughly 24,000 in my region based on family size)  well below poverty level 

September 2019. Filed for IU. 

Does his history show show enough or not show enough work to qualify for tdiu? 

What would his effective date be? 

He has been unemployable since his discharge 2011 but he wasn’t rated at 70 until 2015, since 2015 he has not worked until 2018 when he started work for a family member. 

Even with accommodations he couldn’t work and now he is unemployed again. 

 

 

 

 

 

 

[HAR2016]

Hello! Been a bit busy.

Husband had c and p exam for TDIU claim on Sept 27 2019. After filing Sept 19 2019. 

When he submitted his claim, we had his previous employers over the past 5 years fax completed va form 21-4192 to his VA processing center. He also submitted copies of the forms along with his application. He submitted his claim for TDIU as an FDC. 

Since his c and p exam the claim has still been in gathering evidence stage. 

Some background: 

His service connected disability is PTSD ( 2013 SC). His employment and social life have been effected since his discharge.

(He didn’t expect to come back... still has trouble accepting that he is here while others aren’t..) 

He has earned no Substantial Gainful Employment since his discharge in 2011 and has only had 3 jobs during this time (all cut short due to issues with his ptsd) 

His PTSD disability and it’s effects make him unable to think or focus. He can’t be around strangers or multiple people (even if he knows them) . He has hallucinations of snipers being on top of grocery store buildings... so he no longer goes to public places. He has been in and out of drunk tanks, charged with resisting arrests (during drunk black outs) . He has severe night terrors. Every day is a fight and every night is. He is tired of fighting.  

From what I’ve been told TDIU is made for people in my husbands situation. He needs a hand up and is finally willing to take it.. 

[broncovet]

It takes a while.  There are 2 types of TDIU, 4.16a and 4.16b.  Did you appeal the 2012 or 2015 decisions? It sounds like you may have been lowballed.  

You qualify for 4.16a with 70 percent, but before you got the 70 percent you would need 4.16 b.  

 

[HAR2016]

He never appealed either decision. If we didn’t have our children.. he never would have gone to the VA again. So appealing anything hasn’t been an option. 

 

I agree, he meets 4.16a with his 70% rating since 2015 but in 2013 he had the 30% rating (his initial rating) but he was unemployable due to his ptsd and has employment records, statements , etc to show that. So then he would meet 4.16b . I’m assuming

[broncovet]

Go over his records, and see if a doc and a voc rehab specialist opined "he was unable to maintain SGE due to sc condition(s)".  It doesnt matter what I think, or what you think..the evidence is what a doctor and/or a voc rehab specialist thinks.  Lay evidence wont get you TDIU.  

If you have that evidence in your file, and if you have filed and VA has your tdiu pending (the VA loves to lose things, among others our application for tdiu.  I didnt make that up, the VA lost my tdiu application at least twice over 12 years. I kept wondering why they never adjuticated it, and they said, well, when you apply.)