68 year old veteran with cancer

Question:

Currently 68 y/o. Receiving 100% compensation since 2012 for cancer. Active treatment will end soon with reduction based on residuals which will be 60%, 30%, 20%, and 10%. I’ve had cancer twice. There may be a few more 10% awards based on scars from multiple surgeries but wouldn’t be enough to bring me to 100%. In my estimation the final will be 80%. Would there be any hope of the VA awarding TDUI? I’ve tried to read CFR regulations and I don’t think there would be any way I could survive returning to work to make a substantial salary. I think the regulation is saying meaningful employment would at the rate I performed when I was active duty which was a long long time ago. During one of my C&P exams for Depression, the Psychiatrist made a note that I would likely be unable to perform in a working environment. In your professional opinion, do you think the VA would expect me to return to a working environment at the age of 69/70 and earn a meaningful wage? As an older disabled veteran, every penny makes a difference.

Jim's Reply:

I believe that you may be eligible for TDIU and that you should file for it ASAP. Good luck.


Source URL: https://dev.statesidelegal.org/68-year-old-veteran-cancer