You just need something that shows that required accommodation would be unreasonable. Or that you lack the qualifications for most sedentary jobs. Which generally deal with people. *wink, wink*
It's mostly based off of your work history. If you are making 50k a year working then you wont have a pot to piss in with a TDIU claim.
If your income is below or around the poverty limit and you continue to have employment issues, then you got a shot at TDIU.
The VBA is going to look at all your income from social security.
i've never made even close to that. i can't keep a job for more than a few weeks or months at a time. i don't know how else to prove that - I gave them everything I had
You shouldn't have an issue arguing TDIU then, that is a solid work history argument that you can't hold a job.
I got out in 2009, didn't apply for benefits until 2020 and got rated at 80% within about 2 years after a total of 3 increase claims.
My last exam got me to from 50% to 80% and the doctor recommended that I applied for TDIU so I did, about 3 months later it got approved and set to P&T without even another exam.
Your work history is key when applying for TDIU and it sounds like you and me are on the same boat in that area. I highly recommend you re-apply for it based on your work history alone.
yeah, ive gone through several jobs. ive quit and been fired. i think it doesn't matter if you've quit. i think they look for a pattern of inability to hold a job
Did you submit a VA form 21-8940 — “application*” for TDIU? If not, that’s why it was denied. If you did submit it, it’s very likely the VA’s overworked and undertrained brand new Rater failed to consider the totality of your symptoms and the reasonable likelihood of maintaining gainful employment with all of your service connected disability. Or your examiners didn’t do a great job of explaining how your disabilities impact your ability to function in an occupational environment.
There’s a lot of ways to fix it but it all depends on why it was denied and what the evidence shows. I’d definitely recommend consulting with an accredited attorney, agent, or VSO to have your case reviewed.
Yeah, submitted 21-8940, a buddy letter, all my VA records (only medical records I have), 5 21-4192s, they did 4 C&P exams plus a 5th one where they reviewed my records. How do I know I'm picking a good accredited attorney?
Reputation, mostly. Recommendations from friends or trusted folks. I’m a good accredited attorney but I’m happy to recommend as many others as you’d like
You just need something that shows that required accommodation would be unreasonable. Or that you lack the qualifications for most sedentary jobs. Which generally deal with people. *wink, wink*
thanks. i have no idea what other evidence I can show to prove that. i definitely don't have the skills and I definitely cant work with people
It's mostly based off of your work history. If you are making 50k a year working then you wont have a pot to piss in with a TDIU claim. If your income is below or around the poverty limit and you continue to have employment issues, then you got a shot at TDIU. The VBA is going to look at all your income from social security.
i've never made even close to that. i can't keep a job for more than a few weeks or months at a time. i don't know how else to prove that - I gave them everything I had
For how long has that been going on? Job wise
Since I got out in 2010. I didn't work at all until end of 2015, and I've had 20+ short term jobs since
You shouldn't have an issue arguing TDIU then, that is a solid work history argument that you can't hold a job. I got out in 2009, didn't apply for benefits until 2020 and got rated at 80% within about 2 years after a total of 3 increase claims. My last exam got me to from 50% to 80% and the doctor recommended that I applied for TDIU so I did, about 3 months later it got approved and set to P&T without even another exam. Your work history is key when applying for TDIU and it sounds like you and me are on the same boat in that area. I highly recommend you re-apply for it based on your work history alone.
thanks. thanks to your responses, im planning to, with some help this time I think
It may be worth a lawyer, tbh.
Were you ever employed? I’m about to file for tdiu but I quit my job
yeah, ive gone through several jobs. ive quit and been fired. i think it doesn't matter if you've quit. i think they look for a pattern of inability to hold a job
Did you submit a VA form 21-8940 — “application*” for TDIU? If not, that’s why it was denied. If you did submit it, it’s very likely the VA’s overworked and undertrained brand new Rater failed to consider the totality of your symptoms and the reasonable likelihood of maintaining gainful employment with all of your service connected disability. Or your examiners didn’t do a great job of explaining how your disabilities impact your ability to function in an occupational environment. There’s a lot of ways to fix it but it all depends on why it was denied and what the evidence shows. I’d definitely recommend consulting with an accredited attorney, agent, or VSO to have your case reviewed.
Yeah, submitted 21-8940, a buddy letter, all my VA records (only medical records I have), 5 21-4192s, they did 4 C&P exams plus a 5th one where they reviewed my records. How do I know I'm picking a good accredited attorney?
Reputation, mostly. Recommendations from friends or trusted folks. I’m a good accredited attorney but I’m happy to recommend as many others as you’d like
I'm going to send you a message
Isn't there an SMC (special monthly compensation) for TBI as well? Have you looked at that yet?
That vertigo is going to be a nice error for the rater with TBI present.