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.

[mb76]

On 8/21/2020 at 8:51 AM, Christie said:

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.

No, I am not 100%. No, I do not work and haven't for over a year.

[mb76]

Does anyone know how to file a Notice of Intent To File for TDIU?

[GBArmy]

 mb76 A veteran doesn't file a ITF for TDIU. You either request it, or, the VA does what it is supposed to do when a veteran's health indicates they no longer can have gainful employment. That is supposed to happen when a veteran reaches a combined disability rating of 70% or higher for example. They send you a form. In most instances, if you think you are ready for TDIU, you probably are. If you can gather evidence in the meantime, do that. They will contact your former employers and find out about your prior work, how you interacted with others, circumstances for leaving, etc. If you have a contact with your former employer, you might consider contacting and explaining that you don't want them to play down difficulties you had with others, but to discuss them accurately. If you don't have contacts, that's ok; that's the VA's job anyway. What your current rating is, what your disabilities are, how long you have had them rated, how old you are, are all considerations, but the big factors related to your employment history.

[Buck52]

 Although I agree whole heartily with GB Army  BUT unfortunately the VA don't do that  or do the things they are suppose to do,  some how they over look helping a veteran and it just makes the appeals that much longer.

However 

Basically it all boils down to a Qualified Dr or Medical Specialist to read your medical records and examine you for your service connected medical condition

&  write his medical opinion on your service connected disabled condition that in his medical opinion your condition disables you for any type of employment or due to your medical condition  he can describe why  but mostly he will need to give his medical opinion in your favor that you can no longer do any type of work due to your service connected medical condition.

It helps tremendously to get in VA Voc-Rehab  and the certified counselor can write you a letter  & explain why he had to dismiss you from the VA Voc Rehab program  that due to your service connected condition it is not feasible to retrain this veteran at this time...ect,,,ect,,,

iF YOU HAVE NOT WORKED IN THE LAST FEW YEARS BECAUSE OF YOUR SERVICE CONNECTED MEDICAL CONDITION  YOU CAN MAKE COPIES OF YOUR SSA WORK RECORDS AS PROOF YOU HAVE NOT WORKED THOSE YEARS.

All this will be probative evidence to use in your defense applying for the TDIU.

[Buck52]

I wanted to add this

WHAT IF I'M NOT READY FOR IU.??????

THAT'S SIMPLE  IF YOUR NOT READY FOR IU  THAT MEANS YOU ARE STILL ABLE TO WORK..

.UNLESS YOU MEAN YOU DON'T HAVE ALL YOUR EVIDENCE TO APPLY FOR THE IU.? YOU EITHER CAN WORK OR YOU CAN'T...USUALLY DUE TO YOUR PRESENT SERVICE CONNECTED CONDITION.

..IF YOU CAN'T WORK DUE TO YOUR SERVICE CONNECTED CONDITION  AND HAVE THE MEDICAL EVIDENCE TO BACK YOU UP  THEN YOUR READY.

[Buck52]

After some changes in the Regs  the VA don't have to apply the IU APPLICATION it is the Veterans responsibility to apply the IU Application.

VA Form 21-8940. 

In other words the Veteran Must file for the TDIU.

As for as filing the ITF there is no regulation that says you can't file the INT for any claim and I am thinking that goes for the I.U. also?

But it may hinder the IU if you wait to file for it?  you either can work or you can't  so if   if you can't work  then filing the ITF makes no sense

if you can't work you need income ASAP filing the ITF would be a waist of time   its the only claim that the ITF is useless.(jmo)

Edited September 8, 2020 by Buck52