tdiu Granted Tdiu

[desertstormvet]

hello, I know I'm new here but I just wanted to let everyone know I was granted TDIU. I got the big brown envelope last Friday. I put in my TDIU claim last June after i was approved for social security. man, this took 8 long months. The VA moves so slow.

It says I have chapter 35 benefits. What is this and does this mean anything?

the letter also says I have "no future exams." Is this good?

What other benefits do I have and how much will I get every month with TDIU?

should I appeal for higher rating?

thanks

[aboogger]

Berta,

Did not know where else to post this: Here's a quick overview of what I'm inquiring.

Jan 2010 I was awarded SC for hypertensive heart disease and coronary artery disease secondary to SC hypertension, even though I had submitted my claim for IHD/CAD due to AO exposure while in VN back in 2001 but was denied in 2002 because IHD/CAD was not presumptive, but it is now.

I was rated at 10 percent in Jan 2010, so I filed a 21-4138 requesting my SC award be amended once the new ruling for IHD comes effective and also requested an earlier effective date than what was awarded in January to 2008 but wanted my effective date to 2001 under the Nehmer Law. Then in March 2010 I filed an NOD requesting an increase in rating along with an earlier effective under the new ruling.

Then last week I submitted New and Material evidence in support of my claim and again asked for an increase rating, ect ect.. Three weeks ago I had to have 5 more stents inserted in the artery on my heart which now I have 12 stents in that artery. Without going into my entire heart disease except I had 5 bypasses in 1991 at the age of 41, since then I've had 8 heart attacks, Been on SSD since 1995 due to IHD/CAD and Depression and have not been able to work since 1995. This is all noted in my NOD's, 21-4138's and all other documents.

Yesterday I received a notice from the VARO stating they were working on my claim for IU (new). I have never asked for an IU yet. I"ve asked for an increase in rating and earlier effective date.

Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension.

Two weeks ago I submitted new and material evidence from my private cardiologist from three weeks ago when I had yet another heart cath. My ejection fraction was 40 percent when I had an echo done just before my heart cath. All these reports were submitted with an 21-4138. It was even documented in these records that my EF's had been as low as 10 percent up to 35 percent and also diagnosed with occassional congestive heart failure.

IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious..

In the notice I received from the VARO yesteday indicated they have my SSD payments. I'm submitting the VCAA and indicating I have no new evidence and ask that they make their decision.

ALSO, This Monday, I have to have another chemical induced stress test by my private cardiologist because I'm still having chest pains and light headedness so he wants to see what the stress test will show. It's also documented in my private medical records that I have severe small vessel disease as well.

Thank you. I hope this makes sense to you as I've had problems on other forums whereas they apparently don't understand just what I"m asking. And that pertains to WHY the VARO started a New IU claim on me..

[Berta]

"Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension."

You can be awarded TDIU regardless of what % you have even if you dont have any SC % at all.

The fastest local claim I ever helped with- vet had SSA for PTSD and years of private records- He had never filed a VA claim.

I sent him the 21-526 and the TDIU form (21-8940)and told him how to word it and what to attach.

In less than 4 months he got TDIU at the 100% rate.

It is the medical evidence that awards TDIU.

Have they sent you the TDIU form?

If not I will attach here.

As long as you are not presently employed-the VA has done the right thing here and is considering you for the highest benefit you could be eligible for.

"IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious."

As an AO vet who was denied in the past for AO disability (IHD) they BETTER apply retro to your claim.If not I will help you get it-

I have some good contacts regarding Nehmer.

Some other vet sites as well as many vet reps do not understand TDIU or Nehmer-

The idea that a vet needs a certain percent to apply for TDIU is a fallacy which I proved to myself with the TDIU vet I mentioned above.He had never been to VA for comp or medical care.I heard the sing song fropm reps for years that a vet must be 70 % to apply but the form itself has no condition at all regarding any percentage of SC.

70% however triggers VA to consider TDIU so maybe they have you at 70% by now.Hard to know yet.

The VA is doing the right thing here in my opinion-still one can never know what they will decide.

Is the depression (SSA) due to the IHD? If so have you claimed it as secondary?

I would file the TDIU form ASAP to protect your EED on the TDIU- maybe then just wait to see what they award and if they made any errors in the retro.

Edited April 24, 2010 by Berta

[aboogger]

"Why would the VARO start working on my claim as a (NEW) IU case when I have not requested it???...One, I don't meet the percentage rating to get IU anyway as I'm only rated at 10 percent for the secondary heart diseases and at 10 percent for SC of hypertension."

You can be awarded TDIU regardless of what % you have even if you dont have any SC % at all.

The fastest local claim I ever helped with- vet had SSA for PTSD and years of private records- He had never filed a VA claim.

I sent him the 21-526 and the TDIU form (21-8940)and told him how to word it and what to attach.

In less than 4 months he got TDIU at the 100% rate.

It is the medical evidence that awards TDIU.

Have they sent you the TDIU form?

If not I will attach here.

As long as you are not presently employed-the VA has done the right thing here and is considering you for the highest benefit you could be eligible for.

"IF and I ask IF the VARO awards me for IU will I still come under the AO Ruling for IHD/CAD once it's official and will they pay me back pay to when I first filed my claim and not when I reopened it under the Nehmer Rule. ???? Just curious."

As an AO vet who was denied in the past for AO disability (IHD) they BETTER apply retro to your claim.If not I will help you get it-

I have some good contacts regarding Nehmer.

Some other vet sites as well as many vet reps do not understand TDIU or Nehmer-

The idea that a vet needs a certain percent to apply for TDIU is a fallacy which I proved to myself with the TDIU vet I mentioned above.He had never been to VA for comp or medical care.I heard the sing song fropm reps for years that a vet must be 70 % to apply but the form itself has no condition at all regarding any percentage of SC.

70% however triggers VA to consider TDIU so maybe they have you at 70% by now.Hard to know yet.

The VA is doing the right thing here in my opinion-still one can never know what they will decide.

Is the depression (SSA) due to the IHD? If so have you claimed it as secondary?

I would file the TDIU form ASAP to protect your EED on the TDIU- maybe then just wait to see what they award and if they made any errors in the retro.

Berta,

Thank you so much for your reply.

I have not been employed since November of 1995 when my private primary care doctor and cardiologist both advised me and documented it in my records that I needed to apply for SSD because of my heart disease. The Depression came when I had to stop working and did not have any income coming in because of not being able to work. When I filed for SSD in Nov 95 it was for IHD/CAD then in April 1996 while my case was in appeals, I became severely depressed and ended up in the hospital for depression and thoughts of suicide, it was then my attorney for my SSD case contacted a adjudication officer with the SSA and had a phone conference with her and at that point she awarded me SSD for IHD and Depression. I have not been treated for depression in several years but still have bouts of depression but not to the point where I need medication or have been treated for it since back in 1996.

Several years ago SSA sent me a form as to whether I was still unable to seek employment and I filed the form stating that my doctors stated that I was not able to return to the work force and since then, I have not had anymore forms sent to me from the SSA in that regard.

This Monday I have to have another chemical induced stress test which will be performed by my private cardiologist because I'm still having unstable angina along with numerous bouts of almost passing out ( light headedness) even just after having the 5 more stents inserted in the Left Anterior Descending Artery three weeks ago. As I stated I had 5 bypasses in 1991 and since then I've lost three of those grafts which one of them was the Right Coronary Artery.

Everytime my cardiologist performs a heart cath he confers with my heart surgeon as to whether I should have bypass again and the heart surgeon opts for the stenting because bypass surgery would be very difficult for me and very risky and this is documented in my medical records of which the VARO has in my C file.

I didn't know what to do because the VARO did send me the IU form to fill out and submit along a VCAA of which I will file as "No New Evidence at this time and for the VA to proceed" and as for the Stress test results this Monday I'll have that report later to file if need be.

Again, Thank you very much.

[aboogger]

Berta,

Thank you so much for your reply.

I have not been employed since November of 1995 when my private primary care doctor and cardiologist both advised me and documented it in my records that I needed to apply for SSD because of my heart disease. The Depression came when I had to stop working and did not have any income coming in because of not being able to work. When I filed for SSD in Nov 95 it was for IHD/CAD then in April 1996 while my case was in appeals, I became severely depressed and ended up in the hospital for depression and thoughts of suicide, it was then my attorney for my SSD case contacted a adjudication officer with the SSA and had a phone conference with her and at that point she awarded me SSD for IHD and Depression. I have not been treated for depression in several years but still have bouts of depression but not to the point where I need medication or have been treated for it since back in 1996.

Several years ago SSA sent me a form as to whether I was still unable to seek employment and I filed the form stating that my doctors stated that I was not able to return to the work force and since then, I have not had anymore forms sent to me from the SSA in that regard.

This Monday I have to have another chemical induced stress test which will be performed by my private cardiologist because I'm still having unstable angina along with numerous bouts of almost passing out ( light headedness) even just after having the 5 more stents inserted in the Left Anterior Descending Artery three weeks ago. As I stated I had 5 bypasses in 1991 and since then I've lost three of those grafts which one of them was the Right Coronary Artery.

Everytime my cardiologist performs a heart cath he confers with my heart surgeon as to whether I should have bypass again and the heart surgeon opts for the stenting because bypass surgery would be very difficult for me and very risky and this is documented in my medical records of which the VARO has in my C file.

I didn't know what to do because the VARO did send me the IU form to fill out and submit along a VCAA of which I will file as "No New Evidence at this time and for the VA to proceed" and as for the Stress test results this Monday I'll have that report later to file if need be.

Again, Thank you very much.

May I add that I am presently undergoing testing by the VAMC in our area for Multiple Myeloma.