Jump to content










Photo

70% Rating Should I Apply For Tdiu


This topic has been archived. This means that you cannot reply to this topic.
5 replies to this topic

#1 lt4ds

 
lt4ds

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

Posted 22 September 2011 - 08:04 AM

I am currently rated 70% overall,

40% for traumatic arthritis lumbar spine secondary to surgery for lumbar disc disease

20% paralysis, incomplete, moderate, right sciatic nerve
10% tinnitis left easr

10% right knee DJD/patellafemoral pain syndrome

10% left knee DJD/patellafemoral pain syndrome

10% Irritable bowel syndrome

10% migraines



claims currently under appeal

Right hip (related to the cause of traumatic arthritis in lumbar spine) I think a high chance this will be rated 20%

left shoulder I think a high chance this will be rated 10%

right foot


deferred claims scars

aches/pains

neuropathy upper and lower extremities bilateral

diabetes

skin disorder/acne



I am unable to work as a result of my disabilities, am currently working through the SSDI circus (step 3 of the process), haven't worked since march 2010. Should I apply for TDIU? Is there a chance it will slow down more the existing appeal that the VA seems to have stuck in a drawer somewhere? Will it be decided cuncurrent with the existing appeal, or how will that work?



What are the odds that I am approved for TDIU? Just wondering what y'all think. Thanks.

#2 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • Podcast Crew
  • PipPipPipPipPipPipPipPipPipPip
  • 29167 posts
 

Posted 22 September 2011 - 09:06 AM

If a vet applies for TDIU during pendency of a claim ,they often fear it can hold up the claim and it could -but then again why wait-

if the VA determines 70& they will usually send the vet the TDIU form at that point and then use the date the vet sends it back as the TDIU retro date -if awarded.

If a vet fulfills the TDIU criteria in say- January 2011 -and then relies on a pending claim to get them up to 70%,still the claims process is so long anyhow- why consider that a TDIU claim might hold the claim up-as this loses their most favorable earliest effective date for TDIU in most cases (but not all).Such as the potential Jan 2011 date.

If a vet wants to hold back on filing for TDIU then they should at least file for SSDI-
If the SSDI award comes faster then the VA decision,(it probably will) and is solely for SC conditons, this is great evidence for a TDIU claim.

Others might disagree with me and that's OK. I feel the VA will make sure they hold up a claim anyhow-regardless of whether the vet also files for TDIU. :angry:

#3 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • Podcast Crew
  • PipPipPipPipPipPipPipPipPipPip
  • 29167 posts
 

Posted 22 September 2011 - 09:12 AM

forgot to add-if a SSDI award (solely for the same SC conditions) preceeds a TDIU claim - the VA should determine the SSDI date of unemployability as significant to the retro TDIU.
I have seen them go back up to one year prior to the TDIU form date for retro.

I always use personal example.

Husband filed for higher PTSD rating (30%)Fall 1992 and also a Sec 1151 claim in 1994.

He filed the TDIU form in Fall of 1992.

He was granted SSDI solely for PTSD with EED Nov 1991 (the last day he worked)

He sent copy of the SSA award letter and a signed authorization form to VA in support of his TDIU claim.

VA never mentioned the TDIU form at all in their decision but used his SSDI date ( Nov 1991) to award 100% PTSD P & T in a posthumous award.

Edited by Berta, 22 September 2011 - 09:14 AM.


#4 lt4ds

 
lt4ds

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

Posted 23 September 2011 - 06:26 AM

Thanks for the advice Berta, I have an appointment scheduled with the local DAV office to fill out and return some required information for 1 of the deferred claims, I got a letter seeking additional information the day after I received the award notification letter.

I am planning on sending in the form to request TDIU as well. I have some claims that were deferred in 2008 that I waited until Dec 2010 for the VA to do something, and finally requested an appeal on them. I am just concerned they will never get around to taking action on the claims, even though they have addressed the particular problems in subsequent C & P exams for other issues, but still no action.


I wish there was some way to prod them in the right dorection at times, but afraid that will cause them to take longer.


SSDI and the VA both agree I am disabled for the same problems but both seem to be just wasting time making me run around in circles over and over.

#5 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21901 posts
 

Posted 23 September 2011 - 09:16 AM

You might consider sending the VARO a letter that you intend to file for TDIU thus protecting you effective date and possibly not delaying your claim. Alex Humpfrey often advised Veterans who were not ready to do that. You have 1 year to file the claim which hopefully your other claim will be finished.

Good Luck

#6 lt4ds

 
lt4ds

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

Posted 24 September 2011 - 09:15 AM

Thanks pete for the advice. On the last claim, in the narrative, the DVA rep noted my intention to file TDIU, not an offical notification using the forms, but on form 21-4138. I have not idea if that will matter, so I am filing the required form next week when I visit with the DVA rep.