tdiu Thoughts About What This Means For Tdiu

[nono50]

I received my updated rating today and was rated at 80%. I had also applied for unemployability at the same time and was denied because the VA said I never returned a form, which I never received. Should I appeal and send this form with the appeal. Below is what they sent me. I am I reading this correctly?

1. The claim for entitlements to individual unemployability is denied. We based our decision upon reveiw of available evidence. In our letters dated June 12,2009, we explained what evidence would be requiredto grant entitlement to this benefit. We asked you to complete a VA form 21-8940. As of this date,we have not received the required form from you.
   

I have been out of work since May because of Degenative Disk Disease and have been too 2 differant VA hospitals and a neurosurjin and 2 back specialists, also physical therapy and epidorals all 3 of them. Va used all of this to take me from 10% to 20% on my back and gave me a new rating on radiculopathy, lower left extremity 0% that I did not have before. What are opions? I was planing to appeal and send in the va form along with Doctors restriction notes that they had been sending in to my disability insurance company, can not sit or stand for pro long time.

Please advise.

Scott

[nono50]

I received in mail today some paperwork and one was STATEMENT IN SUPPORT OF CLAIM. Should I get my wife to do a statement and if so what should she say to make this statement strong. She is a LICENCED PRACTICAL NURSE in North Carolina. I am looking for a format to use.

[halos2]

The advice you are receiving is the best. A licensed medical professional can write up medical issues/disabilities already diagnosed ie vet has diagnosis of back pain (herniated discs) with pain radiaiting to hips, legs, knees,feet (whatever areas are affected note) as manifested by chronic complaints of discomfort and inability to find/maintain any level of comfort via standing, sitting, ambulating,sleeping , nor with use of medication administration including...name meds ie controlled medication...additionally with the advent of these oral/topical/injectable medication he suffers from side effects ie diarrhea, nausea, and vomiting,drowsiness, falls, (name whatever are exhibited)additionally noted are his periods of restlessness, inability to concentrate, periods of sadness and despair , and frequently/at least daily asks why me?

Also displays sadness with avoidance of family/friends and crys and moans with pain saying maybe he would be better off if dead!(that's pretty drastic.)..but get my drift. Don't make up symptoms/but do tell all.

REMEMBER he will need diagnoses from dr for depression but she can write shows symptoms of depression ie crys, yells, will not leave house/room, avoids spending any time with me/kids, avoids personal hygiene...no bathing but 1-2 times per mth etc, wears same clothes, doesn't brush hair/teeth...Lay people cannot write these type of statements because they(VA) will deny as not credible...like a nurse trying to diagnose a car engine saying the carborator is not set accuratelt, or the oil is thick and dungy representing lack of oil changes...most nurses would be out of their rhelm to do that and certified mechanic would discount/be skeptical with the assumptions made.

Sorry if I am rambling...been up 34 hrs again...no sleep/rest for the weary.

She can also write what she personally sees, cannot walk to car without stopping for periods of rest/ can only take 4 steps without resting...have tried pain meds with no + results, pt, ot have not been successful, as pain has increased and mobility has decreased. Does not do/have any activies he enjoys due to chronic pain. Mood is down and he feels there is no hope for anytype of relief as epidurals were inneffective...et whatever he has tried before. Also with radiating pain sensitivity is impaired too...

good luck with the claim, the high points/most disabling/mood changes are areas they will look at. Also it might help if she sends a vitae along, ie her work experience, training too.

Edited November 7, 2009 by halos2

[nono50]

I am asking my civilian nuerologist to give me a statement too. The last I saw him he said he would give me a statement because I was concerned about the Va findings after raiseing my rateing on my back from 10% to 20% but was worded now my degentive disc was not perm. because it could get better. I do not know what world the Va is in but DDD does not get better. He (Dr.) told me no problem on statement. Wright now I am scheduled for Disco gram on the 25th not looking forward to this. He is telling me if he does surgury is 60 percent chance and does not really recommend surgury write know, just so tired of being in pain.

[Berta]

Was this 4138 in response to the TDIU application?

Did they send you a VCAA letter with a response form under VCAA yet?

Attach (keep copies) and refer to on the form any evidence you have.

It sounds like you have very good evidence for TDIU or at least a higher rating.

Yes -your wife could definitely make a statement as to your condition as- even though she is your spouse-she has a medical background enough to opine on your condition.

They will give greater weight however to any civilian doctor statements you can get.

The criteria for independent medical opinions is here under the IMO forum- the VA will reject any IMO that does not conform to having the "as likely as not', and a complete medical rationale.

I developed that criteria from my IMO doc's IMOs I got.

He knew exactly what the VA needed to have. He used to work for VA.

[Berta]

forgot- I think the VCAA letter response form is only 30 days to respond.

watch out for the deadlines on any responses they want -as they come fast.

[nono50]

What is a VCAA letter? I also received REQUEST FOR EMPLOYEMENT INFORMATION IN CONNECTION WITH CLAIM FOR DISABILITY BENEFITS. Do I need to forward these letter to my employers or is this my copies. Yes the 4138 was in response to my reconsideration for TDIU. How does this work , if I get awarded TDIU does it backdata to my orginal award date that I asked for reconsideration for.