VA added IU claim...what if I'm not ready?

[mb76]

I just did an REF for MDD/GAD. VA.gov has a "IU (new)" claim and also a request for a TDUI application within 30 days. I'm a little miffed because I understood that the rating decision would have been made within weeks but now they estimate it to be in November.

What are the ramifications of me not filing an application for TDIU now but possibly filing one down the road (months or years)? How can I tell the VA to forget about TDIU and hurry up with the rating? The anxiety is bothering me. I want to know if they will lower, keep the same, or increase my rating. I can't sleep.

[pacmanx1]

While I do agree that VA does a lot and I mean a lot of shady things, We will have to agree to disagree that your post is relevant. The OP did not apply for TDIU and ask what would be the ramification of not filing the application for TDIU and could he/she ask VA to dismiss it.  Your post was about what VA did or try to do to your claims. How VA tried to reduce your ratings and hold your claims for just to or  about a decade. I even can understand your frustration but the title says it all. "VA added IU claim...what if I'm not ready?" 

[GBArmy]

Packmanx1 and Seminoles1 OK boys; enough on this subject. Does no good to comment on  "he said, she said." Consider this a warning-NO MORE RESPONSES.

[pacmanx1]

GBArmy, IMHO I think that your warning was/is premature. There should be a way that posters can agree to disagree as long as it is respectful and helpful. My op was really to Tbird and Moderators, I have no problem with Seminoles' response even though I think my post was point on. The board has to be very careful in getting better in calling out posters who take the thread in a different direction than the OP. I never stated that Seminole post should be removed just separate. Another poster responded to Seminole post think that it was from mb76 "So now I am confused. You are already 100% P/T but yet they are trying to TDIU you? Do you currently work? Pay and benefit wise they are the same thing. So I am totally lost" and that had to be cleared up before it went any further. It is hard enough trying to give advice when we post a little to much, As I stated before that it is nothing wrong when sharing our experience but we must try to stay on point to assist the op.

[Christie]

That was me. My bad...in reading the post i didnt realize it was someone else posting it other than the poster. My eyes were hurting and after you posted i realized my error. i think it was the long quote he quoted that through me off.

but to the original poster...i am still lost on why tdiu is bad and freaking you out. it could be better than a higher rating. and some disabilities have caps and you may never ever get higher than what you have. i have service connected hearing loss and va issued hearing aid but still at 0% with my 10% tinnitus I have major issues with certain accents, tones and outside noise but because its only the 1 ear how the law is written for hearing loss i am stuck at 0. see my point? trying to explain it right let me know if i am not please. so sometimes getting the tdiu is the best. and you also stated you were under the understanding the rating would have only taken weeks...may i ask by who??? that may have been wrong info to you. and Nov for tdiu is FAST just saying...its normally a year timeline. and they may raise a rating, but it may not be enough to raise your over all rating, which happens a lot also. Study the va rating scale and how it works. it may put things in a better perspective. and someone who suffers HIGH anxiety, let it go on this one, cuz this could so work out in your favor way better than a rate review. way better. and if you can get tdiu, it would help you so much.

[pacmanx1]

44 minutes ago, Christie said:

That was me. My bad...in reading the post i didnt realize it was someone else posting it other than the poster. My eyes were hurting and after you posted i realized my error. i think it was the long quote he quoted that through me off.

but to the original poster...i am still lost on why tdiu is bad and freaking you out. it could be better than a higher rating. and some disabilities have caps and you may never ever get higher than what you have. i have service connected hearing loss and va issued hearing aid but still at 0% with my 10% tinnitus I have major issues with certain accents, tones and outside noise but because its only the 1 ear how the law is written for hearing loss i am stuck at 0. see my point? trying to explain it right let me know if i am not please. so sometimes getting the tdiu is the best. and you also stated you were under the understanding the rating would have only taken weeks...may i ask by who??? that may have been wrong info to you. and Nov for tdiu is FAST just saying...its normally a year timeline. and they may raise a rating, but it may not be enough to raise your over all rating, which happens a lot also. Study the va rating scale and how it works. it may put things in a better perspective. and someone who suffers HIGH anxiety, let it go on this one, cuz this could so work out in your favor way better than a rate review. way better. and if you can get tdiu, it would help you so much.

The OP (Original Poster) does not say or post that he/she has any rating.  Even if he/she does, some veteran don't want to claim TDIU.  I was that way but before I could apply my last rating got me to 100% schedular.  I did quit my job but at the time I was going to school and thought I could go back to work before my SC conditions got worst. If a veteran doesn't want to claim TDIU, VA can't force them. It seems that the OP claim was close to being decided and then all of a sudden VA  decided to open a claim for TDIU which would have to go through the process which would need preparations, development, examination, adjudication, review and finally a decision which with VA who knows how long that would take. The OP asked the question if he/she contacted VA and informed them that he/she did not want to file for TDIU at the present time would that speed up his/her decision. Granted if the veteran is not working that could generate a higher retro check but that means the veteran would be very limited and maybe not able to work. Also depending on the rating, veterans that are rated 100% schedular for a mental health disorder are not allowed by law to own fire arms.   The veteran did not state why he/she did not want to claim TDIU and that is his/her choice/decision.  We can only respond with the information they give us.

[Buck52]

Actually the only reason  VA has the TDIU is because  some times a veteran service connected disability may only be rated for his/her condition that does not reach the 100% level, but the condition that the veteran has can't do or find any work he could do to support him and his family due to this service connected disability.

The scheduler requirements for Individual Unemployability are as follows: The veteran has one service-connected disability rated at least 60 percent disabling; OR. The veteran has more than one service-connected disability, with one condition rated at least 40 percent, and a combined rating of at least 70 percent.

  So they sometimes infer the TDIU if the veteran  has a Dr that stated this ''After examining this veteran and reading his medical records  it is my professional opinion that this veteran service connected disability prohibits him from doing any type of work or employment  to include semetry work,  or the veteran has been turn away from the Voc-Rehab program and the counselor writes this veteran a letter that says due to this veterans disability it is not feasible to retrain this veteran at this time due to his service connected disability s.''When a veteran has submitted this as his evidence when filing a claim.

Now it use to be this way above & part of it still is.....but now the regulations has change and a veteran now must file a claim for TDIU(tdiu fast claim) if the veteran already has a service connected disability under the 100%  then filing for TDIU is basically filing a claim for Increase on his service connected disability's that he has been service connected for.

so its the veteran choice rather to file the tdiu or file for increase,  it is in the veterans benefit to  file the TDIU Fast Letter) if he is qualified for the TDIU? 

So  when filing for an increase even at 90% or combined ratings at 90%  he must get a rating of at least 50% to make the  scheduler  100% level.

 

100% PTSD VETERAN CAN NOT PURCHASE A FIRE ARM?

As for as a 100% PTSD veteran not being able to buy a fire arm this is false,  a veteran CAN buy a fire arm  if he has a 100% rating for PTSD.

The Veteran must check his state and local laws, but most veterans diagnose for PTSD at 100% can purchase fire arms. (DEPENDING ON THE STATE LAWS UNDER THE BRADY ACT OR THE BRADY BILL 1536 OF 1993

HOWEVER

Brady Act 1536, enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the NICS system was implemented in 1998

Only when a 100%PTSD S.C.  veteran is proven medically to be  ''mentally Incompetent'' then he can not purchase a fire arm  and also the VA reports these 100% veterans as mentally incompetent to the FBI and the name of this veteran is placed in the  N.C.I.C. ( National criminal information system)

and the merchant that sells the fire arm must check this N.C.I.C. list and if the veterans name is on this list  he can' NOT  purchase the fire Arm.