Jump to content
  • 0

Interesting scenario - Claim in for TDIU but seems like about to get 100% Schedular


Foxhound6

Question

So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular.

The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder
1 hour ago, john999 said:

You know I got SSDI before I got TDIU, so there was no way I could work any how.  I wanted to work but with my disabilities I just could not do it.  I was only 51 years old and I had a good job.  Now years later I am so disabled I can hardly walk.  I did get the 100% but it took me an extra big award to go from 90% to 100%.  I was not even trying but just trying to get an increase in my DMII and PN.  I got an extra 80% for the PN.

Crap, I don't even want to know what that feels like, Im at like 20 in each leg/foot due to 2 fragmented discs and there are days I can't feel my toes from the midfoot forward. Makes taking steps fun, especially since I work in the basement. Ive had 3 good falls in the last 6 yrs, 1 resulted in a broken wrist and surgery. Restless leg and sleep are bad enough at 20. 

 

Yeah, VA math seems weird, but its similar to what loss actuaries use, calculating from whats 'left' after the loss, rather than just adding. That last 10-20 percent really sucks. 

  • Like 1
Link to comment
Share on other sites


  • 0
On 7/9/2021 at 1:35 PM, john999 said:

You know I got SSDI before I got TDIU, so there was no way I could work any how.  I wanted to work but with my disabilities I just could not do it.  I was only 51 years old and I had a good job.  Now years later I am so disabled I can hardly walk.  I did get the 100% but it took me an extra big award to go from 90% to 100%.  I was not even trying but just trying to get an increase in my DMII and PN.  I got an extra 80% for the PN.

I think its mental mostly. I couldn't fathom not working, even with how bad I felt and how much I struggled. I just felt " well gotta work harder then" (Also the sole provider for family). Wasnt until I lost job around covid time (boss and owner was pretty accommodating with my SC issues while I was employed there, even submitted the employer info form the VA sends out for TDIU claims) and I actually stopped working and felt everything catching up, I slept a LOT the first 2 months. It was very strange. I figured im not working so might as well get into the docs and start getting things handled. Docs started finding crap I never even knew about haha. So, here I am, trying to get all the SSDI and VA hoopla done..

Link to comment
Share on other sites

  • 0
On 7/9/2021 at 2:46 PM, brokensoldier244th said:

Crap, I don't even want to know what that feels like, Im at like 20 in each leg/foot due to 2 fragmented discs and there are days I can't feel my toes from the midfoot forward. Makes taking steps fun, especially since I work in the basement. Ive had 3 good falls in the last 6 yrs, 1 resulted in a broken wrist and surgery. Restless leg and sleep are bad enough at 20. 

 

Yeah, VA math seems weird, but its similar to what loss actuaries use, calculating from whats 'left' after the loss, rather than just adding. That last 10-20 percent really sucks. 

😂 I don't mean to laugh, I just have some familiarity with this type of issue. My rickety knees and combined with my twisted back problems makes for going up or down stairs fun, sometimes randomly just catches up. I'm still only 34, my mind thinks its still play time I guess.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

You know I got fired from my job and had to hire a lawyer to get my pension etc.  It was hell for about six months before I got worker's compensation and then SSDI and eventually TDIU.  I had to give up the worker's compensation which at the time payed more than TDIU.  However, with worker's compensation they never give up trying to get you back to work no matter what condition you are in.  I really felt I was being thrown to the wolves.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By harry59
      Hello everyone,

      I have a quick question concerning TDIU. My last employer terminated me because of my service-connected disability. If approved for TDIU, will the VA back pay me to the date that I signed the TDIU form and submitted my claim, or will they back pay me to the date that I put on the TDIU form that I last worked?
      My VSO initially told me that I would be paid from the date I last worked. Then on another day he told me that I would be paid from the date I submitted the claim. So I just want to get the correct answer. 

      Thanks for any replies.
       
    • By Smirak
      I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear.  I am ready to file a claim for TDIU.  Currently at 90% combined with 70% of that being PTSD.  So, I meet the 70/60/40 rule since one of my ratings is greater than 60%.  Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such.
      Background out of the way now...
      Is there a "How to file TDIU for Dummies" guide somewhere around here?  Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov?  I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work.  I do not have a vocational letter (is this needed?).  I need to put myself out there and go ahead and call me stupid, but where do I start?  
      Thanks,
      Kevin
    • By Smirak
      I swear I looked in the pinned post, but I guess I didn't see anything, or it wasn't clear.  I am ready to file a claim for TDIU.  Currently at 90% combined with 70% of that being PTSD.  So, I meet the 70/60/40 rule since one of my ratings is greater than 60%.  Also, I have been fired from 2 jobs within the past year, and most recently, it was due to (my thoughts) my PTSD (we have filed a complaint with EEOC for that as well) because I missed too much work for doctors appointments and such.
      Background out of the way now...
      Is there a "How to file TDIU for Dummies" guide somewhere around here?  Last claim I filed was on ebenefits, but as I understand that has now moved to VA.gov?  I need to know where to start. I already have all my civilian medical records, I have letters from doctors/friends/family stating how it impacts my ability to work.  I do not have a vocational letter (is this needed?).  I need to put myself out there and go ahead and call me stupid, but where do I start?  
      Thanks,
      Kevin
    • By capitan
      I received a VA Rating Decision Letter. I had applied for TDIU. I'm 50% PTSD, 30% cancer residuals, 70% total. I had been sent to several C&P exams. The letter says my PTSD Rating is continued as is, even though I think it should be more. At least they're not reducing it. That won't matter if I get TDIU. The rest of the claims are deferred, including TDIU. It says, "deferred for the following: VA examination." Does that mean their examination of the claims to see if they will grant TDIU? It says, "Entitlement to individual unemployability is deferred." So, I don't have to do anything but more waiting, right? Anybody know how long I'm looking at, and what my chances are? If they deny me, the first thing I'm going to do is call an Attorney.
    • By Georgia12345
      Good afternoon everyone,
      I was hoping that someone more knowledgeable may be able to provide input on my claim.  Im currently rated a combined 90%, 70% PTSD w/alcohol use disorder and 50% cirrhosis. I haven't been able to work since 2017. I filed a claim for TDIU but VA rejected the claim after my C&P so I retained an attorney. I then had a virtual assessment with a licensed psychologist who assessed me and wrote up his findings.
      My attorney filed a supplemental claim and included the letter from the psychologist.  I received another rejection from VA stating that the doctor's letter "does not constitute relevant evidence because it does not prove or disprove a matter at issue within your claim." If someone can clarify this, I would greatly appreciated. I'm not quite sure how that information would not constitute relevant evidence.
      My attorney then submitted an HLR which was also rejected. Last week, he submitted a new supplemental claim and added a letter from a vocational expert. I'm just concerned that they may not review this letter since they did not take the last one into account.
      Does anyone have any input, advice, tips? I'm beyond desperate at this point.
      Pysch IMO 
      C&P Exam
      Rating Decision
      Vocational Assessment
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    406%
    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines