TDIU claim rejected

[georgia126532]

I'm currently service connected at 70% for PTSD with alcohol use disorder and situational specific phobia.  I also have a 50% rating for cirrhosis with hepatitis and alcoholic gastritis. During my claim, I listed PTSD as the disability that makes me unemployable but I was under the impression that VA would consider the combined affects of all disabilities.  Is this not the case? If anyone has advise on how I should proceed, that would be wonderful. Based on the symptoms listed in the my award letter, is it even worthwhile to appeal?

 

 

[broncovet]

This is a little bit of a complex issue, so allow me to try to "uncomplicate it". 

1.  You need to meet this criteria for TDIU:  "Did a doctor opine your SC conditions rendered you unable to maintain substantial gainful employment?"   Since a doc is not a voc rehab specialist you may "also" need a voc rehab specialist opinion that you cant do "any" job, not just your present job. 

2.  The newer TDIU forms requires you to put one or more conditions you allege causes tdiu.  The VA "holds us" to stuff we write on the application form.  As Pacmanx1 said, if you put down "all" your SC conditions render you unemployable, then that should cover them all, and they would have to consider if "the combined effect" of multiple SC conditions rendered you unemployable.  By putting "JUST" PTSD down on the application, they dont have to consider the combined effect, they need only see if your PTSD doc said you were unable to maintain SGE due to your PTSD. 

     My advice is to appeal the denial by filing a nod.  Dont even think of a HLR, because you likely will need new evidence.  Be prepared to get an IMO.  See if your PTSD doc said you were not employable due to PTSD.  If he said you were not employable due to PTSD, you probably will need to go to the BVA and get an IMO/voc rehab  assesment which states, to the effect, your PTSD prevents you from any job, not just your present job.  Source:  I have TDIU, and got same only after a string of appeals including a trip to the CAVC.  The CAVC remanded it, and I got a Voc rehab specialist IMO, as my attorney advised, and won at the Board upon remand. 

[Tbird]

You never know with the VA, I applied for TDIU and they gave me 100% schedular, i think it's rare but it happened to me. My pysch doctor took me off work and told me I couldn't work in a competitive environment any more. No IMO, like I said I think it's rare.

[GARYLINN]

On 10/23/2020 at 7:29 AM, Buck52 said:

if your at 70% at present &  to get the 100%  you will need an additional 90% rating  or combined ratings to equal 90% along with your present rating at 70%  to reach the 100% scheduler rating  & this is very hard to do.

I was at 70% for seven years and then I received unemployability because my Psych doctor said I was unable to work "ANYWHERE"...that was the key that opened the doors.  I then received full 100 percent pay and when I was called in for a recheck, they bumped me up to 80 percent: Totally disabled which gave me a bunch of extra benefits.  My wife is actually taking college courses for free and although I have four other disabilities that I could reopen my case with, that would be a very silly thing to do.  I am already Permanent and total which means they will pay me and NEVER call me in ever again for another check up.  Praise God!

[Buck52]

YES I UNDERSTAND THE TDIU With P&T. AT THE 70%80% AND 90%

AND YOUR CORRECT YOU GET PAID AT THE 100% RATING ALONG WITH THE EXTRA BENEFITS FOR BEING RATED WITH THE P&T,  HOWEVER YOUR ACTUALY RATING WOULD BE 80% WITH IU and P&T.  Being paid at the 100% rate.

 Now Think more compensation$$ for getting the SMC * (Special Monthly Compensation)

IF YOU HAVE OTHER DISABILITIES  WHICH CAN BE  SERVICE CONNECTED & RATED, SO IF YOU GET A 60% RATING ON ONE SEPARATE DISABILITY THEN YOU MORE THAN LIKELY WOULD GET YOUR IU MOOT AND BE RATED WITH A 100% SCHEDULER WITH THE P&T ALONG WITH SMC House Bound   MEANING MORE MONTHLY COMPESATION ADD TO YOUR 100%P&T

THEY CAN COMBINED RATINGS FOR A HIGHER % FOR COMPENSATION PURPOSES.

   SO IF I WAS YOU I sure would file claims on all of these...they all will add up and you can qualify for the SMC Tier criteria ..the worse off a veteran is the more or higher the SMC Pays.

AND REMEMBER IF YOU HAVE ANY DISABILITIES THAT ARE RELATED  TO OR THE CAUSE OF YOUR ORIGINAL EXISTING DISABILITY   THEN THAT DISABILITY WOULD BE SECONDARY TO THE ORIGINAL DISABILITY.

DON'T WAIT TO FILE ON THESE  FILE TODAY.

YOU WILL STILL RECEIVE WHAT YOU GET NOW WAITING ON THESE OTHER CLAIMS TO BE APPROVED...AND WHEN APPROVED  YOU WILL RECIEVE BACK PAY AND A RATING FOR  SMC  OR INFRARED THE SMC  DEPENDING ON WHAT SMC THEY APPROVE YOU FOR  BUT THE  SMC-S HOUSE BOUND FOR YOU AND SPOUSE IS CLOSE TO ANOTHER 347.00 MONTH.  &  MORE IF YOU HAVE CHILDREN TO CLAIM AS YOUR DEPENDANTS.

[Foxhound6]

11 hours ago, GARYLINN said:

I was at 70% for seven years and then I received unemployability because my Psych doctor said I was unable to work "ANYWHERE"...that was the key that opened the doors.  I then received full 100 percent pay and when I was called in for a recheck, they bumped me up to 80 percent: Totally disabled which gave me a bunch of extra benefits.  My wife is actually taking college courses for free and although I have four other disabilities that I could reopen my case with, that would be a very silly thing to do.  I am already Permanent and total which means they will pay me and NEVER call me in ever again for another check up.  Praise God!

That is interesting. I am currently at 80% and have claim in for IU now. My Rep firm used a psych questionnaire for my doc to fill out and at the end of it it asks the doctor directly if, in their opinion and based on the evidence reviewed, did they feel I could maintain substantially gainful employment. He said no. Will see how that plays out. Have CP exams for both my SC issues so am a little nervous about that but it is with VES and my last claim had success when I had an exam with them so not all hope is lost lol

[Berta]

I don't get the favorable finding statements 

Did the VA award you the 100% schedular?