r/VeteransBenefits

Tdiu claim for asthma

To secure TDIU for your 60% asthma, you must demonstrate your service-connected respiratory disability alone prevents you from maintaining "substantially gainful employment" (38 CFR 4.16). Your 60% rating, based on FEV-1 values or daily medication use (Diagnostic Code 6602 under 38 CFR §4.97), is a strong foundation, as a single 60% rating meets the scheduler requirement for TDIU. The VA must assess not just your lung function tests but the functional impact of your symptoms—like severe attacks, breathlessness, and medication side effects—on your ability to work, per *DeLuca v. Brown* (which allows consideration of additional limitation of motion) and *Buchanan v. Nicholson* (requiring assessment of the entire disability picture). Your C&P exam is critical; ensure the examiner specifically opined on how your asthma symptoms preclude steady work. Actionable next steps: 1) Immediately submit a VA Form 21-8942 if not already filed, 2) Obtain and submit supportive private employment records or statements from former employers detailing work absences or limitations, 3) If you have a Social Security Disability award based on your asthma, formally notify the VA and provide the decision, as they must consider it, and 4) Consider submitting a personal statement detailing your daily symptoms, flare-ups, and failed work attempts. Monitor for a Rating Decision and be prepared to appeal, potentially with a nexus letter from your doctor linking your occupational impairment directly to asthma.

*Disclaimer: This is educational information for claims preparation and not legal or medical advice. For guidance specific to your claim, consult a VA-accredited attorney or claims agent.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).