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. 

 

 

 

 

 

[vetquest]

That is a good question SGT eve.  I have never met anyone who worked on TDIU online or offline.  

[Buck52]

Me either  TDIU P&T. I never worked with getting the TDIU P&T

 I am 100% now with other S.C. Conditions , But I can't work if I could  due to my main S.C. Condition....That Got e the TDIU P&T

believe me I wish I could work  this doing nothing everyday I have really put on the lbs...I am 70 lbs overweight...I just eat to damn much and I know it.

But Now some Veterans can work and be on IU  it depends on how bad your condition is .

  if they gave you the IU but the rating for IU is less than the 100% scheduler   Then they use the 38.4.16 to rate the IU with combined ratings from 40% 60-70-80.or 90% or one single sc rating of 40% to 60%   but the conditions still don't reach the 100% scheduler , but you can't work due to your S.C. Condition... then your not suppose to work and draw IU.

*Note*

They are some exceptions working with IU   If you work for your family business and they can find you something you can do and not pay you over the allowed limit 12.000/to 14.000.00 a year I think? then you can work or you can work on a farm and still get the IU Legally.

but before you do you need to check with your VSO or Attorney and make sure its ok...like I said it all depends on how they rated you the IU?

[BJohnson]

I filed for tdiu in december. I have an 80% total rating right now. The VA gave me 2 C&P exams for increase in compensation. If there is an increase in rating, will that go towards my total rating, possibly putting me at 100% and supersede my tdiu claim altogether?

[Guest]

BJOHNSON you posted on an old thread.  You may want to ask a moderator to move your post.  By starting your own thread you will probably get more responses.  As to your question, once a claim is rated, VA will then re-calculate your disabilities and come up with a new combined rating.  You may or may not hit the 95% to round up to 100% scheduler.  If you don't get to the 95%, VA should consider your claim for TDIU.