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

[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

[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.