8 replies to this topic

[Ethan'sGrandma]

Hello to All,

Today I received the award letter...70% rating and TDIU deferred. There is very little information in the letter as to what they need from me. I know that they need the TDIU form from info. gathered from here and other researching, but it was not included, nor mentioned. There are two sections where the IU is noted in the letter. Under "What We Decided," it states: "we have deferred a decision on the following issue because we need additional information or evidence: Individual unemployability"

Under "REASONS FOR DECISION," there are two sections:

"1. Service connection for Acquired psychiatric condition claimed as posttraumatic stress disorder (PTSD) and depression." This section then goes into the evidence, etc, and reason for the decision.

"2. Entitlement to individual unemployability." In that section it states:
"The evidence shows that you have not worked for several years, therefore individual unemployability is being inferred. The examiner did not state that your PTSD caused total occupational or social impairment at this time."

Nowhere in the letter is there anything noting what additional information or evidence they need. I don't see how the examiner could have made a note of total occupational when she did not ask about that. She did ask me when I last worked, but that would not necessarily mean that I would be unemployable if she does not know or consider? After getting home from the exam, I realized that I did not make note that I was awarded SSDI many years ago, but it's in the VA record which she could make note of in her review of the file and I know that VARO already has the SSA records.The social impairment issue they state is not exact and is all over my medical records because I have severe impairment of that, also. So, I'm not in total understanding of what is it they are looking for, or maybe I'm just missing something. I am aware that SSA decisions and VA are separate, but it was for the same issue.

Can someone please help me decipher what I need to do to get this going besides completing and submitting the TDIU form which I am going to do by the end of the week. There is no way that I can remember that far back for employment times, so am going to go to SSA and see if they have my work history available, so I can have at least an estimated timeframe for the completion of the TDIU form. Thank you for any thoughts, advice, or response.

[westcoastlv]

I am no expert here, but I would think that if the VA inferred the TDIU, that you definitely need to submit the application for it. My BIG concern here is the earliest effective date. If the VA inferred from the current award claim date (when you opened the claim), then I would like for you to be able to get the 100% retro from the date of the claim, not from the day you signed the TDIU application (like by the end of the week).

They may have inferred TDIU, but I don't have any confidence that they will 'infer' paying your more than you ask for. They will use the application signed date and pay you from there. Others will have more info than me, but my husband's claim is similar, and they requested he submit a TDIU application (which had already been submitted). I felt like there were trying to trick him into signing a new app with a much more current date, and then screw him out of 2 years of retro. So, I resubmitted the application with the original date, highlighted the original date a million ways, and sent along a note telling them that the repeated request for the same information was not due process and proof that they had already received it multiple times just to keep the record straight. I think they play these games, claiming to need more (or the same) info, just to shorten your earliest effective date, jmho.

Good Luck

[Ethan'sGrandma]

Thank you westcoastlv for your response. That's what I'm afraid of...that they will play around with the EED if they approve TDIU because the original application didn't include it, but I found several court cases that may go against that attempt. I made it over to SSA today for a print out of work history, so that will give me enough to jog my memory for the required employment questions on the form. Again, thank you so much and I hope great success for your spouse with his TDIU claim.

[westcoastlv]

Well after being awarded an increase for PTSD in May, the TDIU was deferred. Now, many months later, and after checking Ebenefits yesterday only to be told that 'no information can be found on you claim', I checked it again just now. The claim has gone from Gathering of Evidence to Preparation for Notification. Of course, don't know if that's good or bad because Ebenefits is revealing nothing. The Benefits Explorer still shows the same, as well as the Benefit Letter. So, I guess we'll just have to wait until the claim shows closed. Last time this happened, we got a letter form the VSO telling us of the increase well before it showed up on Ebenefits.

Don't know how long Prep for Notification takes, but will keep watching and praying my vet gets his well deserved 100% whether by award or granted TDIU.

Now the anxiety begins because a decision has been made, we just don't know what it is. :)

[john999]

The VA does tend to stick with the date you submitted the TDIU form even if it was well before your latest increase as long as the claim was still in appeals. I submitted a TDIU claim when I was 30%. That was the date they used when I got bumped up to 70% on appeal. Sometimes you can use a hospital admission to get EED on a TDIU claim. I did after asking for my TDIU to be the same as my SSDI award date. If a vet is on SSDI for a SC condition the VA should infer TDIU. They won't unless you claim it, however. They always want to cheat on the effective dates right down to the date of your C&P or the latest piece of evidence you submitted to them.

[ComputerGeek46]

EthansGrandma my tdiu was deferred back in 2008 and invited to file a claim did so and finally recieved TDIU P&T this past Aug 30th so am hoping good news for you likewise and great you are aware of the eed best of wishes

[Ethan'sGrandma]

Thank you all for the responses. Now, I have new question that I hope someone can help with. I gathered my info., employment history, etc., and submitted to VA with the TDIU form. This past week I received a VCAA notice that appears to include the TDIU as a "new" claim, along with other pending claims that had been in the system which appear to just now starting to be developed. The TDIU was deferred in their decision which seemed to be awaiting further development, so I'm not understanding why it's being listed as "new." In the past, the VA has separated my claims, so I'm lost as to why they commingled the TDIU with the other claims. Is this protocol for them to handle a deferred decision in this way? I would have thought they would get to their "end product" with the deferred decision. This really concerns me because the decided claim took seven years to get to a rating with evidence that was already of record (claim never went to BVA), so is the prospect another delay in decision just because? Thank you all for any input!!

[relpats]

Thank you all for the responses. Now, I have new question that I hope someone can help with. I gathered my info., employment history, etc., and submitted to VA with the TDIU form. This past week I received a VCAA notice that appears to include the TDIU as a "new" claim, along with other pending claims that had been in the system which appear to just now starting to be developed. The TDIU was deferred in their decision which seemed to be awaiting further development, so I'm not understanding why it's being listed as "new." In the past, the VA has separated my claims, so I'm lost as to why they commingled the TDIU with the other claims. Is this protocol for them to handle a deferred decision in this way? I would have thought they would get to their "end product" with the deferred decision. This really concerns me because the decided claim took seven years to get to a rating with evidence that was already of record (claim never went to BVA), so is the prospect another delay in decision just because? Thank you all for any input!!

I applied and I was not inferred for IU, but I'm at 70%, met the criteria, can't work at previous work with my condition and have pending contentions. They combined all my contentions as they did yours and C&P'ed me on the three contensions already awarded that had C&P's within the last 15 months. Then they used one of those C&P's to deny a NOD on a claim for feet problems stemming from that approved condition. Strange thing is the C&P examiner stated the exam was for IU, examined one foot for the IU calim and never looked at the other foot at all. Soooo, one would ask how could the NOD be denied when both feet were not examined?
As you have probably read, an IU calim opens up everything to re-eval so good luck. Don't think I answered your question, but shared my experience so you may better understand this confusing process.

[relpats]

Well after being awarded an increase for PTSD in May, the TDIU was deferred. Now, many months later, and after checking Ebenefits yesterday only to be told that 'no information can be found on you claim', I checked it again just now. The claim has gone from Gathering of Evidence to Preparation for Notification. Of course, don't know if that's good or bad because Ebenefits is revealing nothing. The Benefits Explorer still shows the same, as well as the Benefit Letter. So, I guess we'll just have to wait until the claim shows closed. Last time this happened, we got a letter form the VSO telling us of the increase well before it showed up on Ebenefits.

Don't know how long Prep for Notification takes, but will keep watching and praying my vet gets his well deserved 100% whether by award or granted TDIU.

Now the anxiety begins because a decision has been made, we just don't know what it is. :)

You have a VSO that did that, wow. Who is your VSO, can't get mine to answer a single letter?