tdiu I Spoke To My Dav Rep Today

[Cherie33]

Hi All,

I spoke with DAV representative today and he told me that the VA Appeals process awarded me an increase from 10% IBS to 30% IBS.

I told him that I haven't worked in almost 4 years and I have unable to work because of my service connected disabilities. He suggested that I file for TDIU (which a few of you suggested it too) However, I'm not sure of where to start.

Do you all think that I could actually be granted TDIU? I was going to school through the Vocah Rehab program, but my disabilities aggarvated me so bad until I had to quit. My Vocah Rehab counseler mentioned Independent Living Services. Need some guidance here. Before I file for TDIU I want to make sure that I have all evidence needed. What should I submit with it?

Thanks,

Cherie33

[Pete53]

This is very tricky if you want to protect your effective date. I think that you should Appeal file a NOD with a Form 9 and submit evidence of unemployability.

The VA can go extra scheduler but I realize that IBS could keep you from being able to work in a full time job.

[john999]

You probably need some evidence for the IBS that fits with what a 70% disability would look like. With that evidence you can also file the IU form. What does a 70% disability for IBS require in the way of symtoms? I think you need more medical evidence to show the VA that your IBS is so severe that you can't work.

[Cherie33]

You currently don't meet the requirments for IU. You have to have a combined rating of 70%. You can sometimes meet the critera for 60%, but one SC condition has to be at least 40% and meet the following critera:

(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.

If I.B.S. is your only SC disability, I highly dought, I mean it's next to impossible that you'll be granted IU.

Hey oneshot,

I have 2 disabilities....50% Major Depressive Disorder with Psychotic Features and 30% IBS....

Cherie33

[Cherie33]

You probably need some evidence for the IBS that fits with what a 70% disability would look like. With that evidence you can also file the IU form. What does a 70% disability for IBS require in the way of symtoms? I think you need more medical evidence to show the VA that your IBS is so severe that you can't work.

OK, I didn't make myself clear...I have 2 disabilities:

50% Major Depressive Disorder with Psychotic Features

30% IBS (Irritable Bowel Syndrome) (Newly rated) Now, do you think that I should file TDIU...I already have statements from my Primary Care Dr. and my Psych Dr. stating I cannot work because of my service connected disabilities. What other evidence would I need? to build a strong case?

NOTE: 30% is the highest rate one can receive for IBS.

Cherie33

[Ricky]

cherie from the info you posted here it looks like you meet the requirements so I would file the claim soonest!

[Ricky]

50+30 = 65 rounded to 70.

[john999]

Cherie

You have everything you need to file for IU if you have 70% and a statement from your doctor saying you can't work due to the SC disability. I would hand deliver the TDIU application or at least send it certified mail to the VA.

[Cherie33]

Cherie

You have everything you need to file for IU if you have 70% and a statement from your doctor saying you can't work due to the SC disability. I would hand deliver the TDIU application or at least send it certified mail to the VA.

Hey John,

I've read a few places that the VA will infer a TDIU when a veteran reached 70% combined rating. However, in my case I did not receive such information. When I spoke to my DAV rep (before I received the official award letter from the VA, which I received today 4-11-07) he told me that he would mail me the proper form to request TDIU. Now, I have had my bad times with the VA not to long ago, when they tried to decrease my 50% (Major Depressive Disorder) to 30%. I had to fight like the devil to get them to keep it at 50%. And during that time is when my doctors wrote the letters regarding me not being able to work due to my service connected disabilies. Then on top of all of that, they wanted to leave my IBS at 10%. Which I appealed and now it has been increased to 30%. (That's why I am here). At this point I don't know what to include with my TDIU claim, since those letters where already evaluated and used to make their current decision. What do you think, that I should do?

Thanks,

Cherie33 :D

[Berta]

Yes- you can even refer in Question # 25 Remarks- that you are attaching copies of the doctor's statement.

I am surprised they didn't infer TDIU.

70% SC always triggers the VA to consider TDIU-

It doesn't matter what percentage a vet has -they can even have no SC yet-

but if their medical evidence supports TDIU the VA will award it-if they apply and send the evidence.

Still a formal rating for 70 % should have triggered the VA to infer this issue -then defer the TDIU issue for further development -and then even send you the form themselves.

This is basic VA 101 case law-it appears they didnt go by the book --- I will put the regs in new topic.

Edited April 12, 2007 by Berta (see edit history)

[spike]

If you have any furture evals. I had one on my PTSD and that will prevent the VA from just "giving you I/U"...also with things going on the way they are...I know Buffalo VARO will just submit the form in your package. I am 90% and unless I indicate to them I can not work, they wouldn't tell me not to work. You can be 100 % Total and still work. That is why they don't automatically say here is I/U and in my case its 1,000. extra each month they are not going to offer upfront. I've got things covered though.... :D

[Cherie33]

If you have any furture evals. I had one on my PTSD and that will prevent the VA from just "giving you I/U"...also with things going on the way they are...I know Buffalo VARO will just submit the form in your package. I am 90% and unless I indicate to them I can not work, they wouldn't tell me not to work. You can be 100 % Total and still work. That is why they don't automatically say here is I/U and in my case its 1,000. extra each month they are not going to offer upfront. I've got things covered though....

Ok...So I will get the form and fill it out and apply for TDIU...Do you have to have Social Security Disability in order to receive TDIU benefits? I haven't worked in almost 5 years, however I was attending school through the Vocah Rehab program. But after a while my disabilities just weren't allowing me to continue in school. In that case how would I fill out the VA form for TDIU. I've read a few places that they want statements from your past employers..

Cherie33 :D

[Berta]

CHerie-SSA is not a requirement for TDIU-

If I were you however I would check Yes to # 18 on the TDIU form and apply for SSA ASAP-

because I dont think they award SSA for disability if 5 years have passed sinse last employment- I am not sure- there are many links here about SSA and SSA has many net sites to answer that issue.

Also if Voc Rehab gave you any statement that your service connected disabilities made further Voc Rehab unfeasible this is excellent evidence to support the TDIU claim. I know many vets who get these employer statements themselves-

Often if a former employer knows you are seeking a statement that would show that your SC affected you negatively on the job- and if the employer knows this is not some ADA or EEOC situation,or pending lawsuit- often they will prepare a statement you need.

They can say you took off significant sick time from the job due to your disability or it caused you to be unable to fully handle the work load or the disability prevented you from the normal interaction between co-workers-stuff like that-

The bad part is that the VA might still verify all that with the employer and also- if the VA sends the employer the request then the employer knows for sure this is not a pending disability lawsuit issue.

[spike]

They want information for VA purposes I think of last five years. They do send a form to your employers. Pretty basic. However, both the VA AND SSA both ask you the last day you were able to work due to your disabilities. I am currently going through the process....started in March.

I will tell you that the SSA office asks you some very dumb, stupid and irrelevant information. I think they are looking to much into the situation. For example, they pick a time you were employed. In my case they asked about the military. They asked "How many minutes a week did you walk? How many minutes did you sit? How many minutes were you in a bent over position at the hips?" I was like that was almost 8 years ago. Who keeps tabs on this? SSA person well try to be as acurate as possible." Be prepared for stupid questions with SSA. I did the phone interview.

[john999]

If there is anything in your records that says you are unemployable due to SC condition this is an inferred claim for TDIU, according to the VBM, and this should be the retro date. You can bet your bottom dollar the VA will fight this, however, since they never to my knowledge pick up on inferred claims if you are less than 70% for IU. I bet half the veterans that use the VAMC have inferred claims in their records that the VA is ignoring. I had an inferred claim for DMII and nothing happened until I had a C&P exam and I caught DMII at the exam. The VAMC kept saying pre-diabetes so the VA claimed I did not have DMII until the C&P doctor actually said "DMII". I think you can grow old waiting for the VA to live up to their responsibilites to act on inferred claims. It is not about medicine with these people only finding ways to deny compensation.

[Cherie33]

CHerie-SSA is not a requirement for TDIU-

If I were you however I would check Yes to # 18 on the TDIU form and apply for SSA ASAP-

because I dont think they award SSA for disability if 5 years have passed sinse last employment- I am not sure- there are many links here about SSA and SSA has many net sites to answer that issue.

Also if Voc Rehab gave you any statement that your service connected disabilities made further Voc Rehab unfeasible this is excellent evidence to support the TDIU claim. I know many vets who get these employer statements themselves-

Often if a former employer knows you are seeking a statement that would show that your SC affected you negatively on the job- and if the employer knows this is not some ADA or EEOC situation,or pending lawsuit- often they will prepare a statement you need.

They can say you took off significant sick time from the job due to your disability or it caused you to be unable to fully handle the work load or the disability prevented you from the normal interaction between co-workers-stuff like that-

The bad part is that the VA might still verify all that with the employer and also- if the VA sends the employer the request then the employer knows for sure this is not a pending disability lawsuit issue.

Berta,

When I filed for SSD once before is I wasn't 100% incompetent the SSD would not be awarded. I went through that interview over the phone and I visited 2 psych drs and the SSD denied my claim. If I am not completely out of my mind, they won't approved my claim based on me being a diabled VET.

Cherie33

[Berta]

Cherie -it might not be too late to appeal that SSA decision or ask for a reconsideration.

Also you might want to access the ALLSUP Inc web site- they are disability experts- they can assess your potential for SSA quickly and even the reconsideration rights you might have.And then for a fee-charged only if they accept your case-(It comes out of the retro SSA I believe)they can see it through the SSA process-

They claim 97 % success rate on SSA claims they handle.

I dont know if you still have any rights for appeal or reconsideration or even for the ALLSUP help but I sure would find out if I were you.

[Cherie33]

Cherie -it might not be too late to appeal that SSA decision or ask for a reconsideration.

Also you might want to access the ALLSUP Inc web site- they are disability experts- they can assess your potential for SSA quickly and even the reconsideration rights you might have.And then for a fee-charged only if they accept your case-(It comes out of the retro SSA I believe)they can see it through the SSA process-

They claim 97 % success rate on SSA claims they handle.

I dont know if you still have any rights for appeal or reconsideration or even for the ALLSUP help but I sure would find out if I were you.

Hey Berta,

Should I file for SSD first or should I file for TDIU and SSD at the same time?

Thanks,

Cherie33

[Cherie33]

If there is anything in your records that says you are unemployable due to SC condition this is an inferred claim for TDIU, according to the VBM, and this should be the retro date. You can bet your bottom dollar the VA will fight this, however, since they never to my knowledge pick up on inferred claims if you are less than 70% for IU. I bet half the veterans that use the VAMC have inferred claims in their records that the VA is ignoring. I had an inferred claim for DMII and nothing happened until I had a C&P exam and I caught DMII at the exam. The VAMC kept saying pre-diabetes so the VA claimed I did not have DMII until the C&P doctor actually said "DMII". I think you can grow old waiting for the VA to live up to their responsibilites to act on inferred claims. It is not about medicine with these people only finding ways to deny compensation.

Hey John999,

It the 2 letters written by my Primary Care Dr and Primary Care dr, they stated "Quote" It Appears that her symptoms have increased over the last several years and has affected her ability to sty employed" UnQuote and "Quote"I suspect that she hs developed a chronic psychotic process independent of her depression, more consistent with schizoffective disorder, and will probbly never be ble to work gin. "UnQuote".

Now, I'm not sure exctly what that all meacns but shouldn't this help my clim for TDIU benefits? These letters were written when the VA had proposed to reduce my 50% Mjor Depressive Disorder to 30%. Now in my most recent decision, my 50% Major Depressive Disorder with Psychotic Features has been kept the same and my 10% Irritable Bowel Syndrome (IBS) has been increased to 30%. Which has made my overall disability rating to 70%. Do you think this is a inferred TDIU claim?

Cherie33

[john999]

Cherie

I don't like what the doctor says about your schizoid disorder being independent of the depression. If the newer dissorder is independent the doctor seems to be saying it is not related to the service connected depression. Is he saying the psychotic process just developed out of thin air and is not related to the chronic depression?? Maybe in the minds of VA doctors all the mental disorders are cookie cutouts that exist independently in the same brain but most psychiatrists would not say that. You want an opinion that your schizo-affective disorder is just the progression of the depression and not some new disease that just exploded out of nowhere and has made you unemployable.

However, the primary does say you are probably unemployable so that is an inferred claim for IU. I hope the VA does not try and say the schizo-affective disorder is not service connected, and that your IU is not service connected as well. They will sometimes try this route. They did on me when I got 70% because I had a chronic pain disorder that was not SC at the time but now is SC. You know the VA will screen your records with a microscope to find a reason to deny a benefit or retro date.

[john999]

Cherie

I don't like what the doctor says about your schizoid disorder being independent of the depression. If the newer dissorder is independent the doctor seems to be saying it is not related to the service connected depression. Is he saying the psychotic process just developed out of thin air and is not related to the chronic depression?? Maybe in the minds of VA doctors all the mental disorders are cookie cutouts that exist independently in the same brain but most psychiatrists would not say that. You want an opinion that your schizo-affective disorder is just the progression of the depression and not some new disease that just exploded out of nowhere and has made you unemployable.

However, the primary does say you are probably unemployable so that is an inferred claim for IU. I hope the VA does not try and say the schizo-affective disorder is not service connected, and that your IU is not service connected as well. They will sometimes try this route. They did on me when I got 70% because I had a chronic pain disorder that was not SC at the time but now is SC. You know the VA will screen your records with a microscope to find a reason to deny a benefit or retro date.