diabetes Do I Qualify For Tdiu?

[Ken1]

I just came across form 21-8940 / VETERAN'S APPLICATION FOR INCREASEDCOMPENSATION BASED ON UNEMPLOYABILITY

I last day to worked July 22, 2005. I went out on a medical leave of absent for Peripheral neuropathy and diabetes. In the process after 6 month of waiting I recieved mt medical records and made 22 claims on my 21-526 files Oct 2007 including peripheral neuropathy and diabetes.

My claim for the above was due to exposure to agent orange but not in country

On 10/08/2008 I file a 21-4138 with letter from the Social Security Administration granting disability for diabetes and peripheral neuropathy.Should I resubmit with form 21-8940?

What is you opinion ?

Thanks in advance

Ken1

[Philip Rogers]

GruntDaddy - why wait? He will probably have to appeal, appeal, appeal, but if he wins it could go all the way back to when he first applied for TDIU. Waiting could only cost him money. The sooner he applies the better. I'd suggest applying for P&T, at the same time, also. jmo

pr

Also, I just read that you are getting SSD for diabetes and neuropathy but they aren't service connected yet. In order to get IU now you would have to show your service connected agent orange is totally disabling and keeping you from working. And also your medical leave is for neuropathy and diabetes so the VA would jump all over this. I would wait on filing for IU since you haven't been granted for diabetes or neuropathy and from your statements these seem to be the conditions resulting in unemployability.

Billy

[Pete53]

GruntDaddy - why wait? He will probably have to appeal, appeal, appeal, but if he wins it could go all the way back to when he first applied for TDIU. Waiting could only cost him money. The sooner he applies the better. I'd suggest applying for P&T, at the same time, also. jmo

pr

I agree with Phil.

Shark please be careful to qualify your advice if you are not sure.

[sharon]

I just came across form 21-8940 / VETERAN'S APPLICATION FOR INCREASEDCOMPENSATION BASED ON UNEMPLOYABILITY

I last day to worked July 22, 2005. I went out on a medical leave of absent for Peripheral neuropathy and diabetes. In the process after 6 month of waiting I recieved mt medical records and made 22 claims on my 21-526 files Oct 2007 including peripheral neuropathy and diabetes.

My claim for the above was due to exposure to agent orange but not in country

On 10/08/2008 I file a 21-4138 with letter from the Social Security Administration granting disability for diabetes and peripheral neuropathy.Should I resubmit with form 21-8940?

What is you opinion ?

Thanks in advance

Ken1

Where were you exposed to agent orange?

[Ken1]

Post follow up with some details

Yes I was exposed to AO in 1966 Ft Lewis, WA

I have re-occurring prostate cancer.

I have Peripheral Neuropathy granted SSD for this started in 2006.

I have type II diabetes granted SSD for this started in 2006.

I have two doctor’s (Both Dr’s are veterans) statements in my “C” file.

One doctor (My Urologist who is a Vietnam Vet) wrote a two page letter stating my prostate cancer was just as likely as not to be caused by AO

The second doctor (my Neurologist) wrote the same type of letter with basically the same statement that my peripheral neuropathy was caused by AO

I stared a claim in 1969 for problems with knee and lower back injury but due to bad experience on first C&P in 1969 I never pushed to move the case along. In 1969 with my 1st child on the way I was more concerned about providing for my family and keeping my job. In 1969 you did not have MRI’s that could show in detail ruptured disc. During my exit from Army in 1967 I logged to items that could be medical problems knee and back. I was very surprised in 2008 @Memphis VA Hospital a Veteran Service Officer pull up my old claim on a computer. In 1969 all forms were filled out in long-hand.

In addition I found a veteran that went thru basic training with me and he wrote a letter to VA in my “C” file stating he witness the back injury. His letter, written summer 2008. My 21-526 was files Oct 2007.

About 95% f the 21-4138 and 21-4143’s were completed by me I have had some help from another county VSO but my local county VSO is a waste of time.

Thanks Ken1

[Ken1]

FYI

My VA contact sent the following email to me, I have 15+ defferred issues pending.

no sir -- you have to be Service Connected 70% with one issue 40%, or if you have only one disability it can be 60 -- WHEN YOUR DEFERRED ISSUES ARE DECIDED, then we can think about IU. Hopefully, you'll meet the criteria at that time. What will make it even more complicated, VA will use the date that the doctor says you met that criteria...

Thanks for the help

Ken1

[Pete53]

You VA Contact is not telling you all that you need to know.