TDIU

[KGarrison]

I was awarded TDIU with a 40% rating for constant fatigue syndrome (CFS), and 80% overall.  The TDIU award increased almost everything that had previously been awarded, but stated the 40% CFS award was deferred, even though it was awarded 2-3 years ago.  I just received an email from VES stating I “may” be required to attend an appt regarding that rating, and I’ll hear from them soon.  I was over 55 when all the ratings were rewarded, but I read that the TDIU award can require reevaluation no matter what.  Some of the videos I’ve seen made by retired “raters” say the VA can’t required another evaluation for an issue previously awarded, that award is protected if you’re over 55, and I should call them and say they can’t reevaluate me, and I should say I’m not going.  Anyone?

[broncovet]

The definition of tdiu is "unable to maintain substantial gainful employment(SGE)due to service connectected conditions". And, SGE  is defined as the inability to earn "the poverty level" in a 12 month period.  It does not mean you will lose your tdiu if you cut the neighbors grass or shovel their snow, as long you dont earn the poverty level (some where about 15k in a 12 month period).  

You can find the poverly level online (for va purposes).  

See my previous post, on the previous page, tho.  It sounds to me like its for an increase to the CFS not to try to reduce your tdiu, as I explained.  

Edited February 17 by broncovet

[KGarrison]

Ok, thanks.  I’m an Air Force pilot retiree, and a medically retired airline pilot.  I had a massive seizure 6 years ago and now have epilepsy.  Anyway, the reason I’m pessimistic, is because in conjunction with the TDIU claim, I had re-evals on everything previously awarded.  On the CFS re-eval, the VES examiner said I didn’t have CFS (or it couldn’t be confirmed) based on not enough objective evaluation, even after a couple sleep studies followed by a whole day of daytime fatigue evaluation.  Then, for the rest of the 6 page result, she contradicted herself by saying “yes” to questions about that issue getting worse!  She did it over and over again!  So, I hadn’t thought another eval could be good news, only bad!  

[KGarrison]

No, I haven’t worked since 2017 when I had my seizure.  Thanks for all the info!       

[KGarrison]

No, I haven’t worked since 2017 when I had my seizure.  Thanks for all the info!       

[Lemuel]

2 hours ago, broncovet said:

The definition of tdiu is "unable to maintain substantial gainful employment(SGE)due to service connectected conditions". And, SGE  is defined as the inability to earn "the poverty level" in a 12 month period.  It does not mean you will lose your tdiu if you cut the neighbors grass or shovel their snow, as long you dont earn the poverty level (some where about 15k in a 12 month period).  

You can find the poverly level online (for va purposes).  

See my previous post, on the previous page, tho.  It sounds to me like its for an increase to the CFS not to try to reduce your tdiu, as I explained.  

You can also take charity employment above poverty level as I did working for Fred McMurray's Business manager doing Mr. McMurray's books. 

I earned quite a bit more than poverty level but was still included as TDIU for that period.  I will attach a redacted statement of my employer before I had my last MVA that caused me to give up working at all. 

The McMurray family would have kept me on and hired another employee to help me keep up the job.  But I felt the McMurray family had given me enough charity.  That the VA was depending upon that and had not processed my extra-schedular claim at 40% for TDIU.

Notice the second page was ignored in the 1990 BVA hearing.

3526-3527 19900507 Al Marsella Stmt_Redacted.pdf

[Lemuel]

8 hours ago, KGarrison said:

I was awarded TDIU with a 40% rating for constant fatigue syndrome (CFS), and 80% overall.  The TDIU award increased almost everything that had previously been awarded, but stated the 40% CFS award was deferred, even though it was awarded 2-3 years ago.  I just received an email from VES stating I “may” be required to attend an appt regarding that rating, and I’ll hear from them soon.  I was over 55 when all the ratings were rewarded, but I read that the TDIU award can require reevaluation no matter what.  Some of the videos I’ve seen made by retired “raters” say the VA can’t required another evaluation for an issue previously awarded, that award is protected if you’re over 55, and I should call them and say they can’t reevaluate me, and I should say I’m not going.  Anyone?

The CFS may be related to the seizure.  Is the seizure confirmed?  The ROs think it has to be "observed" but the wording is "observed or confirmed."  I am still trying to get my seizures SC because the 2017 confirmation is not clearly stated.  But I believe the epilepsy is the reason I had the periodic CFS and slowed work performance.  And the harder I tried the worse it got.  That is because stress makes the residuals of a TBI worse.  A long study on TBI at NIH.  I'm a former medic with 13 years and independent duty assignments.  So had some background to do the study.

I presume you are seeing a neurologist and taking an anti-seizure medication.  I am taking Keppra now since 2015.  I feel more employable now that in 1974 when I got out of the Navy.  Keppra is hard on the liver though.  A period of heavy drinking would probably negate taking it until after the liver was given a chance to heal through abstinence of anything hard on the liver function.