TBear511

[Tbear511]

Iam 80% 

Waiting on claim for TDIU due to bilateral pes planus and planter fasciitis with left foot s/p fracture 3rd metatarsal & right foot metatarsalgia. Put it for TDIU Oct 2020 .  how long does this take? and also waiting on High Level review for PTSD/MST

10% tinnitus

50% feet issues

20% back

10% sciatic nerve

10% wrist

SO 80%

[Hucast21]

Claims can take awhile. It’s best not to check up on ebenefits or va.gov constantly, and instead use that time for hobbies or other activities.

I know it might not be the answer that you wanted to hear, but understand that quite a few veterans on this site have waited years or even a decade or more for claims.

I am still waiting on my claim going on for three years now and it’s in the AMA process.

[Buck52]

Welcome to Hadit Tbear511

We can't really say how long it will take,  each Veterans case is different  some get their claims decision fast and some may take a long time  even years  but normally they get the decision within 6 months,   so you might hear something in March /April   maybe sooner?  

You may already known this? but here it is again

If you can't work or do any type work including  sedentary job  due to your service connected disabilities  or combined ratings   and you have a qualified Dr opinion he has examine you and read your medical records  and declare you tofal disabled due to your service connected disability's and VA sees this, you don't necessarily need to be 100%  but if your increase goes up to 100%   why file for the IU?  unless  it's these rating you are waiting on the decision?

if you can't work due to your current s.c. disabilities  you should be on IU in the first place.

A Veteran don't need to to 100% for IU  he can have a lesser rating  as long as that rating is/ if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more   and can't do any type work due to this  s.c.disability,  he  can file for the  IU  using the CFR  38 4.16 (a) and CFR 4 16 (b)

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

Edited February 2, 2021 by Buck52

[Tbear511]

Thanks for all the information. So I quess its just the waiting game.  my IU is for my feet issues. and still waiting on my PTSD/MST but they are the only claims I have out there now.  I will keep you posted if anything changes.