tdiu Questions Regarding A Possible Claim For Tdiu

[Lyndenrider]

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

[Bravo6]

I'll go to any appointment they make for me. And I know all of this will be for the better.

Just had to let off some steam, I guess.

Thanks.

Have you asked VocRec for an in-home assessment (independent living services)? This WILL help your claim for IU! This will show what your daily routine is currently, what time you get up, who cooks, cleans, does the yard work, etc. etc!

I had an ILS counselor come to my house, was the best thing that I could have done. Once the counselor was in my home, we had a discussion about my current unemployment and future employment. Once he told me that I was unemployable thru our conversation for my SC'd conditions, I then asked if he could put that down in a letter for me. HE DID, and once the rater seen that letter from him. BAM!!! I was awarded IU immediately!!

Good Luck!

[Lyndenrider]

Thanks for all the follow-ups on this.

TDIU should not be an issue for me since my Phychiatrist has recently put that I am unemployable in my medical record.

Just sucks all the hoops that a person has to go thru just to get benefits that they are intitled to. I know I am not alone in this, so thanks again everyone.

Hope you all have a great Memorial Day!

Lyndenrider

[Berta]

Make sure that You file the TDIU form 21-8940 ASAP -the VA wont send it until you hit 70%.

This way you protect your earliest entitlement date for TDIU.

Here is the form -under Remarks you can refer them to additional page and it would be good if yo could attach copy of that medical statement of unemployability.

I assume the doc said your unemployability was entirely due to SC conditons.

Apply for SSDI too.

TDIU_21_8940.pdf

[Lyndenrider]

All required forms for TDIU have been filed back in October 2009. I even had my ex-employer fill out their form, which shows I was "laid-off" due to inability to perform work due to SC disabilities. Also sent a personal letter from ex-manager explaining things.

TDIU should be a easy thing to give me since I qualify at my current ratings. Well, nothing is 'easy' when it comes to the VA.

We shouldn't have to fight [again] for benefits that we deserve, but that seems to be exactly what I currently am doing.

Lyndenrider

[Lyndenrider]

Also applied for SSDI and was denied. Their letter stated that I "have significant issues and disabilities, but they are not severe enough per the SSDI guidelines for my age, education, etc.". I filed an appeal last week and submitted additional docs from Phyciatrist.

Lyndenrider

[navydoc2]

Also applied for SSDI and was denied. Their letter stated that I "have significant issues and disabilities, but they are not severe enough per the SSDI guidelines for my age, education, etc.". I filed an appeal last week and submitted additional docs from Phyciatrist.

Lyndenrider

Do you have a lawyer?