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. 

 

 

 

 

 

[HAR2016]

UPDATE!! 

Claim closed today! 11-25-2019 

Checked ebenefits & he is now rated 100% TDIU. Also saw that the Permanent and Total box was checked?? So does that mean it’s permanent and total? The packet was mailed today and will be here in about a week so we will have all the details then. I am so thankful my husbands claim was processed so quickly- 9/19/2019 - 11/25/2019, and thank you all so much for your advice and information!! 

[GBArmy]

HAR2016  Congrats! Sure sounds good for you. But as you have read countless times, you need to wait and see in writing what the decision letter says. ebenees just isn't dependable. To make you feel better, check your direct deposit and see if you have some new entries that weren't there before. The $ for back pay may not all be entered at one time, but in several deposits, so don't get too much worried if it doesn't come out on what you expect for back pay yet. A comment about Chapter 35 on education benefits for dependents is another favorable sign. Don't forget to register with the town clerk for additional tax discounts; bring a copy of your letter.  Some states have terrific tax exemptions for 100% disabled.You will get your deposits before your decision letter. Does sound promising for you!

[HAR2016]

Hello! Updates: For any future readers who need help with a timeline - 

Retro and new monthly amount was in account on 11-25-19, (in 2 separate payments) ebenefits says 100% compared to previous 70%, as well as two boxes checked saying permanent and total but nothing about TDIU. 

Decision came in mail yesterday stating TDIU is a moot point and wasn’t granted. Instead he was put from 70% to 100% scheduler for PTSD. Letter states he more meets criteria for 100% not 70%. Also mentions chapter 35 benefits as well as stating his service connected PTSD is deemed permanent and total in nature. 

[paulstrgn]

Congratulations on getting 100% P&T.

Don't forget to see if you might be exempt property tax, it all depends on the state you live in. 

[vetquest]

Just to add, that 100% veterans are also entitled to other benefits in some states, like a permanent license plate that does not incur taxes.  You should be able to get more information at the local city or county offices.  I just needed to take my benefits verification letter from e-bennies to the county and city offices in Tennessee.

[Sgt eve]

On 9/29/2019 at 8:56 AM, Buck52 said:

 Back when I got TDIU P&T the VA did go back and check my work records..I had shown to stop working in 1999 Actually it was before that but the SSI Records showed I stopped working in 1999 and was awarded  the TDIU in 2002 however the award was 2002 they paid me retro back to 1999  the year I showed to have stopped working  but my EED is 2002  the year I was awarded the TDIU P&T....My thinking was my EED Should have been the 1999  but the VA Says different, they are going by my award date which was 2002   I got the TDIU on applying for increase in 1999.

For some crazy reason or another I had thought the EED Goes back to the date first filed (for the increase) but it don't work that way obviously

Did you ever work on TDIU? Of course making under poverty level? Just would like to know someone who actually did have here and there jobs on TDIU. Thank you 

Edited December 20, 2019 by Sgt eve
Added question