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tdiu I Think I Need A Plan
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John Purser
Hello,
I've posted here before. My details are briefly:
40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".
From the law I see that my back can only be rated at 40% under it's current classification. Since I can't get the 60% minimum I need for TDIU from the one injury I need to get other symptoms (numbness, depression, weak leg, incontinence) related to the injury and file for disability for them until I hit at least 70% even by VA math.
After reading advice on this site I asked for a copy of my "C" file a few months ago. Got a nice letter from the Seattle office telling me it would be AT LEAST next January or February before they get through the backlog and send me a copy. After my last disability exam I was given the same amount for the same thing but was denied disability for several other items, all written in medicalese, that I don't understand. I'm assuming the exam doc found categories for other issues.
Questions:
1) From what I've written does it sound like I've got the facts correct? Am I way the hell off somewhere? Deep down inside I just can't believe it "really" works this way.
2) Does my general plan (claim everything and try to get it approved as a compensable disability related to service until I qualify for TDIU) sound like the way to go? Am I missing something? I "need" 100%. Honestly I can barely shop, cook, and care for myself today and that's directly related to my military service.
3) Is there anything I can do outside of the VA that might affect the disability decision favorably? For instance, my SS lawyers suggested retraining via a State agency. If it works I can get a job and if my disability prevents it then we can take that to the judge as evidence of disability. Is there anything along those lines that might be persuasive for the VA?
4) I'm sitting here waiting months to see my C file. Any suggestions on what I can be doing now?
Thanks for the help.
John Purser
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