TDIU from 90%

[Jim412]

Has anyone had a successful TDIU claim from 80-90%?

if so what was the procedure? Did you have to redo all your C&P exams? 
 

Im at 90 with 40% for lower back and 50 for flat feet. Trying to figure out the best way to proceed. Thanks

[pacmanx1]

6 hours ago, Jim412 said:

if so what was the procedure? Did you have to redo all your C&P exams? 

It depends on what disability or disabilities you list on your VA 21-8940 TDIU Form. Yes, it is possible that the VA may review all your disabilities to determine if they can grant you TDIU but based on your TDIU form they are required to only review those specific disabilities you list. The VA tries to consider any disabilities to see if they can raise a veteran’s rating to award TDIU, but you never know until you file a claim and once filed it is up to the rater. Unless the VA can prove that a particular disability has improved beyond normal conditions, your claim should be either approved or your decision would remain the same.

When I filed my TDIU form the VA sent me to a C & P exam and asked the medical examiner to give a medical opinion if my disability caused me to be unemployable. The medical examiner filled out a separate DBQ stating that my disability interfered with my work environment and my daily activities and would definitely interfere with my ability to attend work. Since I already had a DBQ of my disability the medical examiner opinion stated the exact same thing as my disability DBQ, so I had two DBQs stating that my disability precluded employment.

Edited April 12, 2023 by pacmanx1

[broncovet]

There is little difference between getting TDIU with 90 percent or with 70 percent.  

For TDIU you will need the following:

1.  You need to be unemployable due to SC condition(s), and have that documented.  "Specifically" your doc needs to opine that you "are unable to maintain Substantial Gainful Employments" (SGE) due to SC condition(s).  SGE basically means that you are unable to earn "the poverty level" of income in the past 12 months.  It depends on your number of dependents, but you may well be TDIU if you could not or did not earn around $15,000 or so in the past year.  More precisely, poverty levels are here: https://www.va.gov/pension/veterans-pension-rates/

2.   Often, your doctor can opine you are unable to do your current job, but it may well take a voc rehab specialist opinion that you are unable to do ANY job.   You see, if you have a back problem, and you work at a warehouse, and your doc says you cant lift over 15 pounds, but your job description says you have to be able to lift 50 pounds, welll that probably means you cant do that job.   But a voc rehab specialist can analyze your background to see if you are a candidate, to become a programmer, which requires no lifting, for example.    The VA probably is not going to leave that "stone unturned" , or assume because you cant lift more than 15 pounds you are unemployable, because there are dozens of careers you could possibly be retrained for which do not require lifting.  

     VA sometimes wants the Voc rehab specialist opinion "even when" you are diagnosed with, say, PTSD.  Common sense suggests if your PtSD makes you unemployable at the warehouse because you cant deal well with others and get mad and make a scene, so you would also not be able to be a programmer either, because you would have a boss there, too.  But, VA wont connect those dots, you have to have that documented.  

     My advice is to check your medical records, and see if your doctor stated that your sc conditions make you unemployable.  

    If you have that, you still may well need to apply for Voc Rehab, and see if you are a candidate for retraining, if you have not already done that.  

    An alternative is to go for an increase, perhaps, that you have not considered before.  As an example, the pain of severe back and feet condtions may cause some people to be depressed, or you could even have had PTSD from one or more events in service.  You could have also had toxic exposure such as burn pits, that could get you 100 percent schedular, without tdiu.  

     Mostly, if you apply for an increase/and or new conditions, also apply for tdiu and let VA sort out whether they want to grant tdiu or 100 percent schedular.  Dont burn either of these bridges down.  

 

Edited April 12, 2023 by broncovet

[Jim412]

Thanks for the information. I have 5 ratings that the Doc opined that I would miss 2-4 weeks per year. I’m going to think about it some.

[john999]

The easiest TDIU is for mental stuff.  If you have serious physical problems then you probably have some degree of depression.  I got TDIU 20 years ago for physical and depressive symptoms.  Your doctor just has to say you are unemployable solely due to your SC conditions.  With SSDI it is harder but basically the same drill.