back pay

[gousto0731]

(a) General. Except as provided in § 3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

10% rt foot 30% rt shoulder 20%  lt shoulder secondary to service connected rt  shoulder does this mean that they combined both to equal one service condition. if so how does this apply to Two or more service connected disabilities at least one disability ratable at 40 percent . do you think I might be able to apply for a100% DISABILITY

[Guest]

The crazy one here, here is the thing. A veteran can file for an increase or 100% TDIU at any time, that does not mean that VA will grant their claim.  What are your current disability ratings.  Just a thought if you are not service connected for any type of depression you might want to get a referral to the mental health clinic to be evaluated for secondary to chronic pain. What most people with chronic pain are not willing to admit is they have some form of depression.  I tell my mental health doctor that I am not depress but when we talk about being irritated or being frustrated she tells me they are a form of depression. So you can get service connected for depression if you can get a medical opinion that your service connected condition causes you to have a form of depression.

[broncovet]

Gusto

    Dont worry about whether or not your percentages combine to the requirements in 4.16a to apply for TDIU...just apply as Pete said.  

    Keep in mind the defination of TDIU..its when the Veteran is unable to maintain Substantial gainful employment, due to SC conditions.  

    This means if you are unemployed, and a doctor has said you are unemployable due to your service connected foot/shoulder or combination thereof, then you should seek TDIU either on 4.16a, where the percentages apply or 4.16 b, where they dont apply.  

    If a doctor has NOT said you are unemployable then you will likely need that to happen before you get TDIU.  

    The VA seems to like it when we go through Voc REhab, and they evaluate whether or not you are employable, but that seems crazy to me, because voc rehab specialists are rarely doctors and cannot, with competence, opine if you could work with your medical issues.  But..they want you to go through voc rehab so that they have more excuses to deny.