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Angelo Hurtado

Should I Be Receiving More?

Question

i was medically discharged for an ankle injury after i had a reconstruction surgery andit didnt work..i use a cane to LIVE and get around and have horrible back issues..i have spoke to a vso and he recommened waiting til after i get rated for my ptsd before i try for tdui.. I was not happy with the ratings i was giving for my disabilities but figured thats what i was stuck with...

The 2 major are:

left ankle sprain and tendinitis with status post surgical reconstruction and avulsion of the left great toe extensor...now i dont know what all this means but my ankle has me not able to stand/walk on my own and even with a cane and breaks thruout the day i cannot live a normal 25 year olds life and i was giving 10%...(this was the reason for discharge)

Second is my back..i have 2 different ratings on my back, one is cervical spine strain 20% and lumbosacral strain with anterior wedging of t11 and t12 vertebral bodies 10%..

On top of this i have right shoulder strain teninosis of the supraspinatus and bicep tendons and superior labral tear 20% which just happens to kill me everyday because its the arm i use my cane with. I feel helpless in tue situation until coming here, i thought i was stuck with what i got and that was it.

Ive been collecting unemployment because i didnt know i could collect ssdi. Between my injuries and sleep apnea/ptsd i just cannot hold a job/do anything ive been trained/ know how to do and so thats what led me here when i was searching for information on tdiu. Thank u guys for the help and suggestions, should i apply for ssdi now?

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You can file for TDIU, it may cause a delay in your claim but the effective date would be as soon as you file. How Long has it been since you were awarded 80% It could go back to then if it is less than a year

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Angelo,

When were you discharged?

carlie

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Yes apply for SSD today

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File for SSDI, you can do it online. The sooner the better. They will hold you back 5 months so get on it now.

Your ankle is actually "worth" 20%, but, with you other ratings, it probably isn't gonna be worth much, after the fight, if you know what I mean.

An extra 10% for the ankle, now, what with your other ratings, will actually get you, maybe, NOTHING, percentage-wise added to the top of the 80% and using "VA MATH".

Are you "service connected" for your sleep apnea and PTSD, also?

Regardless, your best bet is to file for TDIU. You'll need to see if one of your VA docs will write you up as not being employable, now or in the future, due to service connected disability. That did it for me, anyways. And, just to make sure you understand, do NOT let them write you up for being unemployable due to something that is NOT service connected....that'd be the "death knell" for your TDIU claim.

And, if you should get SSDI for the same disability(s) that you are service connected for, then that adds icing to the cake as far as TDIU is concerned.

Hang in there, it'll get better, I promise.

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I was discharged in november. The reason the vso wanted me to wait before applying for tdui is because sleep apnea is my only sc above the 40% required to apply..he said it would be an easier battlr if i wait for the ptsd to get approved than apply based on the ptsd. Ive been so overwhelmed with this and been so stressed out im so thankful i found this place.

So right nowi have:

apply for ptsd

apply for tdiu

apply for ssd

apply for higher rating on back and ankle.

I was worried applying for ssd since ive been collecting unemployment, ive tried to secure a job but its just getting to that loint that getting out of bed is a mission. Should i stop my unemployment? And what do u guys suggest applying for the tdiu based on? Amd the ssdi would obviously be based on the ptsd correct?

Thanks again,

angelo

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