Help with TDIU Timeline and Case Questions?

[rfkoshka]

Hi. I'm new to the VA process and was awarded 70% for psych issues last September (initial claim made 2010). I filed for TDIU, but VA rules for unemployability are a little different than SS's. I'm wondering if my case is strong or not, and if so what is the typical time it takes for a decision. My anxiety levels are extremely high right now because of this. Here is my short case history.

1995: Treated for psych issues in the military

2005:  Long term disability from my employer for psych issues, finally terminated in 2007

2007: Awarded SSDI for those psych issues (have not been employed since then)

2010: filed with VA

2020: Awarded 70% for same psych issues as all of the above

Nov 10, 2020: filed for TDIU

Currently: "We don't know your status" on ebenefits (which I'm told happens sometimes)

Can anyone please tell me if this is a good case (without any guarantees of course. I'm new to all of this but I've learned that every va case works a little differently)? And if so, what is a typical timeline for TDIU from filing to decision. Thank you very much and have a good day.

[broncovet]

Short answer:  We have not read your file so we dont know.  

Better answer:  If you read your file and find the following documented, then you can answer it yourself best:

1.  Did your doctor state you were "unable to maintain SGE (substantial gainful employment) due to SC condition(s)?  

2.  Have you discussed this with a voc rehab specialst who documented you were unable to do "any" work, due to SC conditions?  

     If you have one and 2 documented in your file, you have a high propesity for an award of tdiu.  

     If this is not documented, you will likely need it documented before an award.  Maybe, through an IMO.  

    Since you stated you were awarded SSDI "for psych issues" that is great evidence and should result in an award.  

"Timeline" is always a different matter.  VA will process your claim "when they want to" and not a second earlier.  It can happen in weeks, or, in my case it took years. Part of it is that I didnt know what I know now.  

[Enterprise CVAN65]

Granted TDIU 3-4-21 will back pay go back to the first time 21-8940 6/2014. Any thoughts?

[broncovet]

Congratulations!   It sounds like you will have to appeal that effective date, or lose 4 years of retro.  

My reasoning:

YOU stated you applied in 2010, not 2014.  Someone may correct me on this, but I think "informal claims" were still allowed back in 2010.  The tdiu form "formalizes" the informal tdiu claim.  VA has a duty "not to just ignore" your informal  tdiu claim.  And, that is what they are doing..for 4 years.  

Now, I have not read your file, but my intuitive guess is that you are owed 4 years of retro, and, that should be enough cash to buy "a couple" of new cars if you so choose.  Or, spend it on stuff of your choosing.  My advice is, however, "do not" invest your retro in "fear of reduction".  (by not appealing this effective date) 

Its a terrible investment, as it always loses, 100 percent of your potential retro,  

Dont get me wrong.  If VA can convince you to "buy their BS of the date of the 8940", then that, too, can cost you your retro, again by not appealing.  And, they are good at convincing Vets that "BS is really Filet Mignon", as there is "something wrong" with your nose, taster, and common sense.  

OR, if you "only want to lose 20 percent" and keep the other 80 percent of your retro, and dont understand and are not willing to learn effective dates, then you can hire an attorney to represent you for 20 percent.  (likely).  You might wind up forking out your 20 percent anyway, because VA is experts at serving BS as "fake" filet mignon, and not all Vets know the difference between VA's BS (your effective date is the date of the 8940), and filet mignon (informal claims can/do establish effective date, at least prior to Feb. 2019.  

Chris Attig explains:

https://www.veteranslawblog.org/informal-va-claim/

Quote

The Court ultimately sided with the Veteran, concluding that:

“…a reasonably raised claim remains pending until there is either a recognition of the substance of the claim in an RO decision from which a claimant could deduce that the claim was adjudicated or an explicit adjudication of a subsequent ‘claim’ for the same disability.”

Indeed, if you applied in 2010, dont eat VA's BS, instead, appeal and get your filet mignon.  Caveat:

If you WORKED at SGE 2010 through 2014, then this would not apply.  Your effective date is the later of facts found or date of "reasonably raised" claim.  SGE (substantial gainful employment) means you worked and earned at least the poverty level (about 12k per year).  It does not mean you cut your neighbors grass last year and earned $400 for doing so.  

Edited March 8, 2021 by broncovet

[Enterprise CVAN65]

Broncovet,

Thanks for the great information. My first claim was in 2014 in which I filed a 8940 but I was working at a real job. I never followed up on the denial, I kept working finally 2018 I retired filed for social security to have some money coming in. Then filed 8940 again in March 2018 also got granted for Hep C and my liver transplant, surgical scar 40%. Then filed for neuropathy both legs upper and lower and diabetes and another 8940. Then got a lawyer who helped on my first appeal. We then appealed the tdiu denial took 16 months to get it granted. Still waiting for back pay and the effective date. I was told by my local congressman that the claim is now in the Seattle VA for retroactive monies and finish closing it out. It is now the 15th and my lawyer has emailed the decision letter but nothing on that letter explains a effective date. To say I am freaking out is a understatement. Lol

[pacmanx1]

On 3/8/2021 at 6:27 AM, broncovet said:

Congratulations!   It sounds like you will have to appeal that effective date, or lose 4 years of retro. 

Bronco, the problem with this thread is that it is two separate posters, it began with RFKOSHKA January 30 and then ENTERPRISE CVAN65 March 7.

On 1/30/2021 at 4:11 PM, rfkoshka said:

Hi. I'm new to the VA process and was awarded 70% for psych issues last September (initial claim made 2010). I filed for TDIU, but VA rules for unemployability are a little different than SS's. I'm wondering if my case is strong or not, and if so what is the typical time it takes for a decision. My anxiety levels are extremely high right now because of this. Here is my short case history.

1995: Treated for psych issues in the military

2005:  Long term disability from my employer for psych issues, finally terminated in 2007

2007: Awarded SSDI for those psych issues (have not been employed since then)

2010: filed with VA

2020: Awarded 70% for same psych issues as all of the above

Nov 10, 2020: filed for TDIU

Currently: "We don't know your status" on ebenefits (which I'm told happens sometimes)

Can anyone please tell me if this is a good case (without any guarantees of course. I'm new to all of this but I've learned that every va case works a little differently)? And if so, what is a typical timeline for TDIU from filing to decision. Thank you very much and have a good day.

RFKOSHKA, when you filed your original claim in 2010 and if you informed the VA that you were not working and on SSDI then you should consider filing an appeal depending on your effective date.

On 3/7/2021 at 7:48 PM, Enterprise CVAN65 said:

Granted TDIU 3-4-21 will back pay go back to the first time 21-8940 6/2014. Any thoughts?

 

10 hours ago, Enterprise CVAN65 said:

Broncovet,

Thanks for the great information. My first claim was in 2014 in which I filed a 8940 but I was working at a real job. I never followed up on the denial, I kept working finally 2018 I retired filed for social security to have some money coming in. Then filed 8940 again in March 2018 also got granted for Hep C and my liver transplant, surgical scar 40%. Then filed for neuropathy both legs upper and lower and diabetes and another 8940. Then got a lawyer who helped on my first appeal. We then appealed the tdiu denial took 16 months to get it granted. Still waiting for back pay and the effective date. I was told by my local congressman that the claim is now in the Seattle VA for retroactive monies and finish closing it out. It is now the 15th and my lawyer has emailed the decision letter but nothing on that letter explains a effective date. To say I am freaking out is a understatement. Lol

ENTERPRISE, even though you filed a TDIU claim in 2014, you continued to work until 2018.  Depending on your income the VA will most likely only pay your retro back to your last day of employment. In your post you stated that you continued to work to 2018. Why would the VA pay you retro back to 2014? Keep in mind that TDIU is for veterans that cannot work due to their service-connected disabilities and not for veterans that cannot find work. There is a big difference that some veterans do not understand.

If my thinking is off please correct me and please update your posts, hopefully in separate threads.

[broncovet]

Pacmanx1:

   Yes, this is why we dont like "asking an unrelated question" in someone elses post:  Hijacking their post.  While I rarely miss this, obviously it got past me this time.  Its possible to split those, and I may well look into that.