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    • I've had a few C&P exams go in my favor that I really thought the doc either didn't care or was incompetent. I say that because they just asked me questions and I answered them.  I was honest in my answers, but they did no exam to confirm my statements. Off the top of my head, my deviated septum and BPH were rated without the doc doing any type of exam.  All they did was ask questions.   I agree with waiting until it shows up on the blue button.  
    • Well I have been talking to some people and someone screwed up somewhere.Because he had a honorable discharge and because of his income he should of gotten medical help He also had a preexisting condition from the military but they didn't look any of that up. I have managed to pull his medical records and have been very busy Since posting this. 
    • Please pardon the length of my post, but I am looking for feedback.  I haven’t been on the board for awhile, and already miss the critique that Carlie and Stretch would have offered. I am 100% service-connected Permanent and Total for Bipolar Disorder.  I was awarded 100% in October 2009, backdated to September 2007.  Initially, I was in the VA system from 1994 to mid-1997, before they finally successfully diagnosed me as having a Bipolar Disorder.  I responded to medication treatment well for seven years (during which time I used the Vocational Rehabilitation and Employment (VR&E) program to obtain two computer-related degrees, until the medication stopped working overnight.  My Bipolar Disorder came back worse than ever, and nothing tried by VA and private psychiatrists worked in the least bit.  Finally after 2007, in which I missed half the year being hospitalized time and again, I listened to my psychiatrists telling me I was disabled and resigned.  After 8 years of failed attempts at controlling my Bipolar Disorder, the VA has finally given me the Veterans Choice program allowing me to see a psychiatrists and psychologists specializing in Bipolar Disorder. I have a rare form of Bipolar Disorder, which is why it took the VA so long to diagnose what was wrong with me.  I am hyper-manic, as a result, I have longer days than most people do, and look for things to fill up my time.  I do not suffer from depressive episodes like many others having Bipolar Disorder do.  The lack of depression, in itself, is a danger sign, and the VA has given me months of therapy to cope with depression if it should hit me.  There is a school of thought that people with my form of Bipolar Disorder cannot handle depression, and just spiral downwards until they commit suicide.  But I digress, sorry about that. I was recently talking to another veteran about MIT offering their entire course curriculum online for free.  You don’t get any credit, but you can study the subjects and I was playing around with that.  He informed me that the VA is required by law to retrain me into a different profession, since I cannot work at my previous one; due to not being able to work a regular full-time job in the field I was previously trained in through VR&E.  So I researched it and found: According to 38 USC Chapter 31 §3103. Periods of eligibility:  (c) In any case in which the Secretary determines that a veteran is in need of services to overcome a serious employment handicap, such veteran may be afforded a vocational rehabilitation program after the expiration of the period of eligibility otherwise applicable to such veteran if the Secretary also determines, on the basis of such veteran's current employment handicap and need for such services, that an extension of the applicable period of eligibility is necessary for such veteran and—(2) that such veteran had previously been rehabilitated to the point of employability but (A) the need for such services had arisen out of a worsening of such veteran's service-connected disability that precludes such veteran from performing the duties of the occupation for which such veteran was previously trained in a vocational rehabilitation program under this chapter, or (B) the occupation for which such veteran had been so trained is not suitable in view of such veteran's current employment handicap and capabilities. So, indeed I qualify, but there is a caveat.  I must have a feasible Rehabilitation Plan to present to the Vocation Rehabilitation counselor consisting of education needed, and employment plans.  The only option that would fit me is self-employment.  So I looked at self-employment careers, and found photography.  I researched further, and found that VR&E had even given someone $30,000 to start their own photography studio after they were trained.  I know I cannot be relied upon to work at the studio full-time, but I am not alone.  I have a wife who wants to use her Dependents Educational Assistance to obtain a degree in photography too.  The difference being is that mine would be a Masters of Fine Arts in Photography, while hers would be a Bachelors of Fine Arts in Photography.  While I would be the one to setup everything to run the studio on my own time, she would actually be the manager with a receptionist.  We would even hire local freelance photographers to shoot events, if need be. So basically, I would utilize project management skills to develop a business plan for the studio, and perform everything necessary for the start-up.  Having a Masters degree would give me the necessary knowledge to oversee the entire operation, but not have to be there 8 to 5; which I know I cannot do.  My wife will be the studio manager. I have researched 100% service connected Permanent and Total for Mental Disorders and going to college.  Most of what I have read is “why would you risk the Golden Apple?”.  First:  I cannot be absolutely sure I will achieve the Masters degree, although I am quite confident; because having a Bipolar Disorder has no impact on your Intelligence Quotient.  Second:  Each and every one of us is unique, and not one size fits all.  While some may consider 100% SC P&T the Golden Apple, I feel a need to do something other than exist and age.  Third:  I doubt that I will the studio will make enough after expenses for the initial couple of years for me to make more than Substantial Gainful Activity.  If the studio starts to succeed and grow, then I can put myself on the payroll.  Fourth:  With a Masters degree, I will be qualified to teach other photographers the finer arts of photography.  Fifth:  I can undertake subjects for photojournalism and submit my work in competitions.  Sixth:  I believe in helping others.  I live in a small rural town, and there are under-privileged Seniors who cannot afford to have Senior Pictures taken.  I would love to help them.  Seven:  There is a World of opportunities to be explored that I haven’t even thought of. I have not read anywhere that someone with a 100% SC P&T Mental cannot go to college.  I know “a 100 percent evaluation is warranted where there is total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; and memory loss for names of close relatives, own occupation, or own name.”. I know I cannot attend a traditional college with scheduled courses, but I have found an online University that is regionally accredited where I can take the classes at my own pace.  My social interactions would be online and not in person.  I can study at-home, even when I have locked myself away from the World.  There will be deadlines to meet, but I worry more about getting the work done too early, rather than late.  Going to college is different than having an occupational job, although obtaining an occupational job is the goal of attending college. I need to mention that my wife is my rock I cling to.  She tells me to go lay down, when I’m getting manic.  It is absolute torture to lay down and rest your body, when your mind is racing with all the things you could be doing, and the minutes go by ever so slowly.  She goes to all my appointments with me, and tattles about everything! The floor is open for comments, and thank you in advance.  
    • Sure its worth fighting for  you love your father..so fight to your last breath. I Would think you need to finds a good VA Attorney    someone like Dr Bash team  with Attorney John Dorle.  As for as the school tuition I'm not so sure?  but it sounds like your father could get some compensation for his condition   especially if he is a Vietnam Vet? Does he have a claim in appeals? Other members can chime in here  I am not that familiar with what you have mention. Ms Berta can sure give you some great Advice..she be on tomorrow Morning. good Luck .....................Buck
    • Check to see what he put in your C&P report, it should be in the EVet Bluebutton report. If the guy was doing you any favors, you would find it there, if not, you will find it there.    Point is, even if he did a halfassed job, wait to see what he put down in writing before you do anything.  He just might fool ya!

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14 posts in this topic

:rolleyes: I am wondering out here if any vets have encountered the same below

I recieved an increased disability rating from 10% to 60% for chronic skin conditions requiring multiple surgeries over the

years via military and at the VAMC Houston. The decision contained the clear and unmistakable error clause previously

10% for benign skin growths also 10% for deep venous thrombosis (i.e. Blood clots) was invited to apply for tdui have done

so and am awaiting a decision.

Since my reevaluation contains the correct diagnosis am wondering what to do about the scar and tissue damage all

over my body should I submit a claim for the scar and tissue damage seperate since my ratings clearly indicate that

have been on near constant anti biotics since 1996?

also what are my chances of gaining tdui? I am depressed I changed careers in 2000 as a computer programmer now

due to surgeries especially the last one my tailbone is extremely sensitive.

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Welcome to Hadit.

Probably need to wait for the ruling.I don't know if you can't work because of your service connection than you should get it. If you own your home in Texas be sure and get your new exemption from paying property taxes.

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Thanks Pete

I should have clarified more info, this is what I responded to

The issue of wether or not the veteran is entitled to individual Unemployability is deferred for the following.

Please invite the vet to file a claim for individual unemployability as the records show that he now meets the requirements and treatment

reports show that he is no longer employed

I have a slew of side effects on-going of the process of the treatments several by themselves make it difficult to maintain

steady employment not withstanding I have been laided off two seperate jobs each after treatments that took me down for

over 6 mos to a year for recovery. Each time I used my temporary disability insurance ( which is probably one reason for

being let go in the first place)

I have severe to moderate pain when attempt to sit for long periods of time (a requirement of a programmer) not withstanding

Have worked through pain and fevers since 1996. Now my heart says go work typically I make 80k plus but my body and my mind

are saying other wise have trouble sleeping and frequent bowel movement(diarrhea) every morning and throughout the day as noted

via the award for disability I got 60% for chronic Actinomycosis, 10% for the blood clots and retro pay back to 2001 so am wondering is it plausible to wait for tdui or in fact the decision or pursue to the full the missing 10% - 20% thanks in advance Pete

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You should pursue a TDIU claim. Fillout the forms and add a letter that explains it like you did here.

You will probably have to have a C&P or two but I think you should get it.

Good Luck

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Are you completely unemployed now?

On the TDIU form or on separate page did you tell them how this disability prevents you from working?

Did you require lengthy convalescence due to the surgeries?

Did they send you the retro for the time the rating had been incorrect?

What is the medical etiology for the blood clots?

Was their clear and unmistakable error dependent on them as making an administrative error or did the VA doctors misdiagnose you?

They will not award TDIU if you make over the National Poverty level in wages.

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Gee -I answered not knowing there was more info here-

You might have been eligible for temp convalescence-I am not at all sure on that yet-

You gave some excellent reasons for TDIU- On Question # 25 you can refer them to an additional page and tell them what you told us-tell them any side affects of the meds as well as anything at all that would help prove you cannot work to this condition.

On Question # 18 check off Yes and then apply for SSA (unless you get SSA already for these conditions-and if so this is evidence too that you SC has rendered you unemployable.If you do get SSA ,make sure VA knows thia and mention this again in Remarks.

Is the retro date correct in your opinion?

Was that the date of the erroneous past award?

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