Should I go for TDIU

[Derrick stafford]

I am rated at 70%, 10% for each knee, 20% for right shoulder and 50% for  Depression and alcohol abuse due to chronic pain.  I also receive social security disability. Does anyone think I should try and get TDIU. VSO stated that I may get denied and even have my rating lower.

[GBArmy]

Derrick There are a lot of factors to consider. How long have you been rated for each disability? Are any of your symptoms gotten better. Have any been rated 5 years, or longer.  Have you had one or more reviews/sessions with your MH counselor; what does the notes say from your doc's notes? It is possible that you could be eval and reduced; but if your symptoms have stayed the same or gotten worse, you should be ok. Why does your VSO say you could be reduced? It is based on your conditions or is it because he wants the easy way out (not processing the paperwork?) Do you have comments from your exams  and medical notes that say you  can't work?What does your work history look like? Many jobs? Fired?  You realize you can never get a meaningful job or if you do you will lose your rating. Most on here will recommend that if you have stayed the same, or gotten worse on your conditions, and have been rated for 5 years or more it probably would be a go. It is totally up to you. We haven't seen your decision letters, so this would be a general response anyone would get.

[broncovet]

Yes, they will lower your rating when ever you apply for an increase UNLESS:

1.  You drive a 57 Chevrolet, 49-2020 Ford, Any year Hyundai, kIA OR Toyota, Nissan, or  any other vehicle, motorcycle or moped.    Or, if you walk, ride a bicycle, are in a wheel chair or bedridden.  OR

2.  You live in a Brick, wood, or plastic home or  apartment building, or are homeless.  Or

3.  You are an athlete who plays football, baseball, or soccer, or watch those on TV.  Or watch any other TV shows, listen to music, are a gamer, or a non gamer.  OR

4.  You are familiar with 38 CFR 3.344 or know any one who has ever read these.  

      ONLY if YOU meet NONE of any of  the criteria, above, can they reduce your rating when you apply for an increase.  Seriously, its hard for VA to reduce you especially if you know THIS regulation:

https://casetext.com/regulation/code-of-federal-regulations/title-38-pensions-bonuses-and-veterans-relief/chapter-i-department-of-veterans-affairs/part-3-adjudication/subpart-a-pension-compensation-and-dependency-and-indemnity-compensation/ratings-and-evaluations-service-connection/3344-stabilization-of-disability-evaluations

    Its true they "may" try to reduce you, hoping you have never read the above regulation, or are too sick to do anything about it.  

    In short, Go for TDIU, especially if you meet the criteria:  Did a doctor say you are "unable to maintain SGE due to SC conditions.  Even if a doctor has not said that, what did your SS disability reasons say you are disabled?  Are those SC?  Read it and find out.  Do not worry about a reduction unless you lied to VA about your medical conditions, and, dont worry then, either, because, if you did lie to VA and are a "malingerer", then they will reduce you regardless of whether or not you apply for an increase.  

Edited October 1, 2020 by broncovet

[Carl the Engineer]

We'll, I think I would considering you are SSDI. 

Now, we all know SSDI and TDIU are different, SSDI, the Social Security says you are too disabled to work, whereas, TDIU, says you have "service connected" disability(s) that prevent you from working.

Now your SC disability can also help get you SSDI, but your SSDI disability may not be service connected and will not help your TDIU. 

So, what is your SSDI based on?  And is it from your service?

File, and good luck,

Hamslice

 

[Derrick stafford]

I’m 60 y/o and have been a firefighter for 35y until my disability.  I been seeing the therapist twice a month for the last years And the dr every 6 months.

[GBArmy]

Derrick You really didn't answer some important questions. Whether or not you post them here doesn't matter to us, but it sure does to you. You are your own best advocate. Negative responses to yourself could make a difference. It's your choice to work your claim or, to just throw it against the wall and see if it sticks. Good luck in your decision.

[Buck52]

16 hours ago, Derrick stafford said:

I’m 60 y/o and have been a firefighter for 35y until my disability.  I been seeing the therapist twice a month for the last years And the dr every 6 months.

TDIU is a horse with different colors   they tend to really dig deep when evaluating a veteran for this benefit.  so your going to need to do your homework and read the CFR's Fairly close that pertain to this disability benefit

If you file for the TDIU you may want to request the Voc-Rehab,(IT'S CALLED SOMETHING ELSE NOWDAYS) I think they call it 

(VRE-P)

''Veterans Readiness and Employment Program''

There they can see if your able to do any type of work that you can make the SGE employment income, if they can't find you anything due to your service connected disabilities  the counselor will write you a letter stating that with this veteran it is not feasible to retrain at this time due to this veterans s.c.disabilities, this letter will help you tremendously to be approved for the TDIU

ATTACH YOUR SSDI AWARD LETTER AS MORE OF YOUR EVIDENCE AND A Medical opinion from a qualified Dr stating your unable to do any type of employment due to your disability's

File for it anyway  to start your EED if your denied let us know the reason and bases of the denial.

but do include the above as your evidence.

Remember Veterans OR the veterans rep will need to file the IU Application   VA Form 21-8940

Edited October 2, 2020 by Buck52