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IU or increased disability?

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allansc2005

Question

Was just informed that my lower back problems have worsened after I took an MRI; I'm currently at 20% for lower back issues, and 80% combined. Also, I do have 40% for my right knee.

 

My new condition was diagnosed as Bilateral Foramina narrowing of L-2, L-3...as well as bilateral severe narrowing of the intervertebral disc space.

 

I have also returned from the Voc Rehab folks, and they have informed my that because of my medical conditions, they are unable to assist me. So of course I will submit the Voc Rehab rejection letter should I decide on TDIU.

 

So, what do I file for, TDIU, or increased disability for my back?

 

Thanks.

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Hello Allan,

Fill out the form for TDIU and have your doctor fill out the DBQ for your back.  I would submit the two forms and your VocRehab rejection letter for your claim. Any other evidence supporting your back increase and your TDIU will help.  

Before you do file for TDIU, make sure that is what you want because you basically will not be able to work unless it is sheltered employment or making under $11,400.  If you file for an increase and your combined disabilities are 100%, you would still be able to work where there is no income limit.

 

CaliBay

vba-21-8940-are.pdf

VBA-21-0960M-14-ARE.pdf

Edited by CaliBay
Forgot some stuff
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CaliBay,

A recent MRI has shown significant "bilateral" conditions not found on my last MRI, and considering my Dr. works for the VA, I highly doubt he will have anything to do with the DBQ.

Looks like traction is on the horizon as well.

 

I understand about the TDIU, and have no need to work anyway.No kids who need medical..nothing like that.

 

Allan

 

 

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With all due respect and humility, I disagree with broken soldier.  He posted,

"You just file for increased disability. VA will make the decision whether you are you qualified for TDIU  or hundred percent disability."

This is not a good idea.  Your benefits, and your life counts on a VA employee doing his job and inferring TDIU.  

INsteead, leave nothing to chance.  Apply for an increase AND TDIU if you feel entitled, and are not working.  

Source:  I trusted VA, and wrote them a letter, in 2002, that "I was hard of hearing and unable to get a job".  The VA "interepreted" this as a claim for hearing loss ONLY, and I have spent the past 14 years trying to get VA to award TDIU, and acknowledge this informal TDIU claim.  They have fought me at every step, tooth and nail.  

Recently, I hired a lawyer.  Everyone agrees this is an informal claim for TDIU, except VA,  but VA never even adjuticated the claim for 7 years.  

Personally, I will NEVER again trust a VA employee to infer a claim.  Im sending in the applicable form, certified mail return receipt requested, so I have proof they did get it.  I learned the hard way. 

Importantly, A TDIU form is now required, and your TDIU claim will be denied if you do not sign and return the applicable form.  (Previously, no TDIU form was required).  
Edited by broncovet
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Bronco, you are absolutely correct.

After reading the Law Blog concerning the matter, you "always" submit a TDIU claim along with your fully developed claim, EXCEPT when:

1. You have dependents living at home who will need medical coverage which TDIU doesn't cover.

2. Your fully developed case is "strong" enough-medical proof, to not need a TDIU claim attached, which is "VERY rarely".

 

 

 

 

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