Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Questions Regarding A Possible Claim For Tdiu

Rate this question


Lyndenrider

Question

Let me begin by saying that this forum is a great resource for disabled vets like ourselves to get assistance. Thanks!

I was just approached by a neighbor last week regarding TDIU for myself.

I am rated 60% SC and have been for over 10 years. I'm 40% left knee [had three surgeries], 20% right knee [had two surgeries], 10% back pain [no surgeries....yet], 10% OCD [VA prescribed medication] plus 0%-10% for other SC ailments.

I have been unemployed since September 2008. I had to stop working my last job due to the fact I could not continue working due to the stress and strain on my knees and back. I have made NUMEROUS attempts over the last 1.5 years at finding other employment but have had no luck. Prolonged standing or frequent lifting causes me "issues". A few years back I was given custom-made knee braces from the VA for both knees for stability, which I wear almost daily. I have also been on daily pain meds (Vicodin) for the last 4-5 years, also VA prescribed by my VA PCP. This medication makes driving a vehicle to work everyday somewhat dangerous. Also, three years ago I was told by VA orthopedic surgeons that I am a candidate for bi-lateral knee replacements, but I declined having it done due to my younger age [i'm currently 37].

As for seeing doctors, I have only gone to VA doc's in the last 12 years since I have had a hard time getting health insurance from other resources. So, I only have documentation from the VA, not from other resources.

My questions for this forum are...

Besides filling out VAF 21-8940, what other things should I send with this form to help support my claim?

By submitting a TDIU claim, could the VA possibly require me to have bi-lateral knee replacement?

Am I just asking for trouble for myself by submitting a TDIU claim?

I'm a lifetime DAV member, but is there any other resources for help with this that I can get?

Thanks to anyone for assisting me with my questions and for any advice!

Jay

Link to comment
Share on other sites

  • Answers 46
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Thanks everyone for the assistance and support.

On Monday I will be faxing a VAF 21-4138 to add "Pain Disorder, Diagnostic Code #9422" to my existing claim for SC increases and TDIU. I will also be sending VAF 10-5345a to get my complete medical record sent to me in the mail. I was not aware of this form until halos2 stated it. THANKS halos2!

I know this will be a long process, so I do plan on making this my new 'job' since I'm not capable of working a real job.

Thanks again everyone! :rolleyes:

Link to comment
Share on other sites

Well, went today and saw my VA PCP.

For my chronic knee pain he kept me on Vicodin, but also added Methadone. Anyone out here taken this before? Isn't this for heroin addicts? For my OCD, he increased my Zoloft meds and now has me seeing a Psych doctor due to my increasing obsessive rituals. To help take strain off my knees he is prescribing me a cane to help me walk in addition the the two "unloader" knee braces I already wear. ( I'm only 37) And, because of my age, we are going to try Synvisc injections in hopes of extending the time until I need total knee replacements on both knees.

On a sour note, he was not willing to write something indicating that I am 'not employable'. He stated that the raters will be the one to make that decision based on his exam report and the reports of the C+P exams.

And on a happy note, I received a full copy of my VA medical record just 4 days after faxing in the VAF 10-5345a. I can only hope my TDIU claim gets completed as fast! (I know, joke of the year!)

Any opinions on how this may effect my TDIU claim and SC increase claims?

Lyndenrider

Link to comment
Share on other sites

  • HadIt.com Elder

Good for you and you should get an answer in a few weeks to a couple of months. You are on the home stretch.

Good Luck

Link to comment
Share on other sites

  • HadIt.com Elder

Looks like you are building good care connections and support. Thats helpful for your claim, and its up to you to ensure the rater 'reads' your current VA clinical notes. I've listed dates, name and conditions on a breif list so the rater would know where in my file to look; honest, fastest NOD I've had.

Sorry to hear about your knee and medications - sure sounds like unrefutable evidence a comp examiner would have to consider. Recently I had an examiner that read clinic notes from my providers, I know only certain information was contained in those, so that was factual.

Good going on the VA records, do you have your Service Records? Read them all for connections and questions for your claim,

Lots of helpers here,

the best to ya,

Cowgirl'up2009!

Well, went today and saw my VA PCP.

For my chronic knee pain he kept me on Vicodin, but also added Methadone. Anyone out here taken this before? Isn't this for heroin addicts? For my OCD, he increased my Zoloft meds and now has me seeing a Psych doctor due to my increasing obsessive rituals. To help take strain off my knees he is prescribing me a cane to help me walk in addition the the two "unloader" knee braces I already wear. ( I'm only 37) And, because of my age, we are going to try Synvisc injections in hopes of extending the time until I need total knee replacements on both knees.

On a sour note, he was not willing to write something indicating that I am 'not employable'. He stated that the raters will be the one to make that decision based on his exam report and the reports of the C+P exams.

And on a happy note, I received a full copy of my VA medical record just 4 days after faxing in the VAF 10-5345a. I can only hope my TDIU claim gets completed as fast! (I know, joke of the year!)

Any opinions on how this may effect my TDIU claim and SC increase claims?

Lyndenrider

Link to comment
Share on other sites

As for the depression side..... I've been on VA prescribed Zoloft for my OCD since 1995 (SC'ed at 10%, but have a request for increased eval due to worsened condition) , which helps to ease my depression I get from the chronic pain (which I take Vicodin for and have for the past few years). From what I understand, my rating for the OCD covers for depression as well under the ratings guidelines.

Jay

Jay,

So you know - VA only compensates for one Mental Health Disability.

By regs, you should be compensated by the one that would pay

the highest percentage as evidenced in your medical records.

I think that one of these is what you are currently rated under for Mental Health.

OCD is DC 9404

Chronic Pain is DC 9422

MDD is DC 9434

This is the criteria that will pertain to your request for increase

in Mental Health disabilities.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-....73&idno=38

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name 100

Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships 70

Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 50

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) 30

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication 10

A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication 0

Link to comment
Share on other sites

  • HadIt.com Elder

If you are getting methadone and vicodin then that indicates severe pain condition. I think this would help a IU claim. One thing for sure driving a car or being around any work conditions where you need sharp attention is out for you. I took vicodine today and left two of my favorite CD's at the mall where I was listening to them. I don't remember what happened until I got home. That is the dope working on my brain. I have chronic pain disorder. It is actually responsible for me losing my job. Both vicodin and methadone can cause depression and mood swings. When I take vicodin I start to get angry. It is chemical with me. I took methadone, morphine, percoset and vicodin. Vicodin and percoset are the most addictive because they are quick acting. Don't mix any of this stuff with alcohol even if it helps the pain. Yes, methadone was a cure for heroin addiction. Heroin is a cure for morphine addiction. Methadone made me itch like crazy.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use