TDIU

[Combat eng]

Berta replied that I may have a cue because the VA didn't list my SSDI information in the evidence section of my denial for TDIU. I filed a supplemental claim with a vocational expert opinion as new evidence. I just received a letter requesting another 21-8940 and 21-4192 that I included them in my first claim. I want to know should I comment that I received SSDI after leaving my last employment, because of my service connected injury in the remarks section of the 21-8940. I would appreciate any input as to what they are looking for. Thanks

[brokensoldier244th]

It wouldn’t hurt. I review evidence from the start top down, I.e. whatever you are claiming now. I look at past narratives to see what was denied and why, too, in case I find something like you did where evidence isn’t listed, so I can draw attention to it when I schedule another exam, send documentation to you, or send to rating. If your info hasn’t changed ( 8940/4192) say so on it, include whatever else you want in remarks, sign it, and send it back. It will show at the top of the list of evidence and thus be easier to find.
 

They should have pulled your ssdi info before, it’s required for unemployable and homebound/AA claims anyway. if they didn’t then they should have gotten a deferral for it, to correct it before rating. Sounds like that didn’t happen. 

Edited June 27, 2021 by brokensoldier244th

[john999]

Based on your SSDI you may be able to get an EED on the TDIU claim all the way back to when you were granted SSDI.   I did.  I also got a claim retro to a hospital admission at the VA.  VA uses these dates sometimes on TDIU claims and other claims.

[Berta]

Yes----Combat eng-make them fully aware of the SSDI award.

John 999 is correct- the VA,  when they finally adjudicated a pending TDIU claim for my husband ( he was 30% SC at that time for  PTSD, I became the claimant on both of his pending claims,) and he was awarded posthumously, 100 % P & T for the PTSD , with the EED being the same date as the EED of his SSDI award.

They never mentioned his TDIU application but I believe they cannot award TDIU to a dead veteran, so they properly awarded the 100% P & T.

I will post a CUE template here that you can use.

It will be short  and sweet.

 

[Berta]

Combat eng- I posted a CUE for you to use as template in the other TDIU thread here.