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

[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