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70% Rating Should I Apply For Tdiu
Posted 22 September 2011 - 08:04 AM
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
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%
deferred claims scars
neuropathy upper and lower extremities bilateral
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.
Posted 22 September 2011 - 09:06 AM
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.
Posted 22 September 2011 - 09:12 AM
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.
Posted 23 September 2011 - 06:26 AM
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.
Posted 23 September 2011 - 09:16 AM
Posted 24 September 2011 - 09:15 AM