early retirement/tdiu

[gbat]

Hello,

I am rated at 70% for PTSD and still working. I was planning to work until I was 65, however 59 years old now. I feel my PTSD is getting worse however and I have been getting treated by the VA for about 7 years now for mental health. Starting to lose a lot more work, just getting harder and harder to come to work and deal with work issues. (ugh)

I don't think I could make it much longer and since I have enough time in to retire, I plan on it soon. I also have a couple months still left on sick time I could use,  I will take a penalty for retiring early but if I can't do It, then I can't do it. my VA therapist told me I should apply for TDIU, since I'm leaving my job before I wanted too. Is this correct? If I go out early, can I still apply while I'm getting a retirement? Part of me says I deserve it while the other part says don't push it, be grateful  for what you have. I wouldn't want to be reduced.  Any thoughts!!

[broncovet]

To qualify for tdiu, your doctor needs to state you are "unable to maintain Substantial Gainful employment" due to SC conditions.   You may also need a voc rehab assessment that you cant be retrained in another field, because you not only have to not be able to do your job, but not any job.  

As much as we would like to this in advance because you see it coming, you are probably going to need to be "not working" at the time you apply for tdiu.  "EARLY retirement" may not work, unless its forced.  When you apply for tdiu, they will likely ask your employer "if you quit".  If you quit, its presumed you did so voluntarily and can find another job.  Its different if you get fired.   

[kanewnut]

5 hours ago, gbat said:

VA therapist told me I should apply for TDIU, since I'm leaving my job before I wanted too. Is this correct?

M21-1 has this to say about retirement

V.ii.1.B.2.c.  Reaching Retirement Age
 

Do not use the discontinuance of work upon reaching mandatory or optional retirement age as the sole reason for considering a Veteran to be unemployable.
 
The determinative factors of unemployability are whether the Veteran’s disability and age prevent the Veteran from obtaining another position.  Steady employment over a long period is ordinarily an indication of the Veteran’s desire to work.
Note:  Inability to compete in the labor market because of age or disability is a valid basis for a finding of unemployability, even though the Veteran did not actually become unemployed because of a particular disability.

[gbat]

Thanks for the info, great site!