UPDATE!!!!!!TDIU denied due to FERS disability application???

[Kelly Severance]

Hello Everyone.  My husband received his SOC from the VARO on his remand.  I have posted only the last 3 pages.  The first few pages were just standard explanation of TDIU and factors that are considered for that disability, as well as a list of all the evidence we submitted.  The last 3 pages explain the decision.  I am confused because I know that veterans on this board have been approved for TDIU while in the process of applying for FERS.  Any advice or comments are appreciated.  Should we send in a statement from HR saying that while still listed as "employed", he has not worked since January of 2018?

Edited June 13, 2020 by Kelly Severance

[Kelly Severance]

Hello Everyone.  I wanted to provide an update to this post.  When I last posted, we had received an SSOC that the VA had completed the remand instructions for TDIU and that they were continuing the denial because my husband was in LWOP status while he awaited an appeal for medical retirement as a VA nurse.    So.......I got some great advice from this forum as to the best way to proceed.  Thank you all!  A shout out to @broncovet for taking the time to walk me through all this.  Here is what we did for NEW evidence ....

1.  Hired a Vocational Expert, Patrick Clifford.  We sent him all our medical documentation.  He wrote a summary of my husband's disabilities and opined that he is unable to obtain or sustain SGE.  

2.  We printed his SS statement from online showing $0 for the last 2 years and sent that in.  

The RO still did not grant and sent it back to the BVA.  We got the decision packet today from the BVA GRANTING TDIU!!!!!!!!!!  Thank the Lord!  God is Good!

Not only did the judge GRANT TDIU, He set the effective date!  Back to Jan, 2017. We felt this was remarkable because he did not apply until May 2017, and his last date of employment was Jan 2018....so we were stunned at the ED!

This site, unlike many others, has provided encouragement for us!  As well as ideas for moving forward!  Thank you so much!  

Now......we wait for the RO to implement.  Our last grant to implementation was 13 months......so I know we are in for a wait!

[Berta]

This is Wonderful News!!!!!!!!!!!!!!!!!!!!!!!!!!!!

The favorable EED might have been due to the SSDI award.....

They ( the RO) gave my husband a very favorable retro date as well-that was about a year before he applied for a higher PTSD rating -as the RO based it on the last day he worked per his SSDI PTSD award.

He was dead by then for almost  3 years. They had to send me the retro.

VA told me ,my Congresman and two Senators that the SSA refused to release his records.

It was a bold faced lie. I fixed them on that with a very long phone call to the SSA in Baltimore.

The SSA had relied solely on his VA medical records for the SSDI award.

 

 

[broncovet]

Congratulations on your win!  You are "at least" the second "W" I know of who used Cliffordvocationaservices.  He was recommeneded by my lawyer, and I passed that on.  

When you get your retro, I suggest you remember hadit with a donation if you can.  Tbird has asked for donations.  This site is free, but its not free to run or maintain it.  Im sure she pays a web hosting fee each month.  

[Kelly Severance]

Thanks @Berta!  In the judge's remarks, he stated that the EED was based on the date that his sick leave showed significant increase!  We don't have SSDI yet.  We applied a couple of years ago and lost at the appeal level.  However, we will be re-applying soon!  He did however win his FERS disability!  At the appeal level and AFTER we hired an attorney!  Imagine that!  We found that out a couple of weeks ago!

 

Thank you @broncovet.  We will be making a donation soon!