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USA Made 814

I Have Truely Had It

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I have made a post before and will do this one last time. In April i filed for a increase for my Back and applied for PTSD. I went from 10% to 20% for my Back and 30% for PTSD.

I have not worked in about two years and was in BAD shape and not really trusting anyonre with what was wrong with me. I came to the VA to get help and am happy so now I am opening up and trusting more. I filed an Appeal of last increase with main reason being I was not forth coming on information of problems. I asked to have records reviewed to show my inablity to work or make it through the day at times.

I have gone to the DAV rep and stated I wantted to file TDIU and he calls Pittsburgh. Their responce is I do not meet the requriments even under the subsection (B). I have read it and am not able to make head or tails of it. Nothing is clicking in my head.

So now before I loose my temper and my house. Is their any true answers that can be done. I go to the VA Docs once a week and have been sence Aprial. I am lost in where to go to any more to ask for help. The VA Docs are helping on one end but can not straight out and tell me what to do.

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Get the TDIU paperwork and file it. I filed when I was 30%. I was appealing that rating. I got 70% eventually and the effective date was the date of filing for TDIU. You will probably need more evidence but file the TDIU form. Just ask Larry. The DAV guys are as brainwashed as the VA employees on TDIU. If you can't work due to SC conditions then you are eligible under 4.16b.

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If you are unable to work due to service connected disabilities, you are certainly within your rights to file a claim for TDIU. 4.16(b) states:

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

You can download the TDIU form from this site and send it in yourself. I would consider dumping the DAV if that is all they can do for you. Good luck!

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The max back rating is 60 percent and that is with 6 weeks of bedrest in 1 year.

To get IU, one has to have a 60 percent single disability or a combination of 70 with 1 at 40 percent.

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You need to file the TDIU form. I am not sure of your condition and you may or may not get awarded TDIU but you still need to file the form. Put your claim in writing and let VA make their decision. If VA awards your TDIU claim then great but if they deny your claim let them put it in writing. Since you have already been awarded service connection for your back and PTSD, these claims can be increased.

This maybe a fight but keep in mind when you file a TDIU claim , VA should give you new C & P exams to determine if your back and your PTSD has gotten worst. In reference to your PTSD claim, when you have your C & P exam, Just spill your guts, tell them everything that deals with your PTSD and deal with what ever you have to deal with after the exam. The examiner does not know you and can't write in the records that you are having major problems if you don't tell him/her.

Also the same with any mental health appointment, the appointments are to help you so VA needs to know what is going on with you to really help. Filing a TDIU claim is the same as asking for an Increase in your disabilities. You may not meet the regulation to be awarded TDIU right now but if VA increases your PTSD and/or Back disability ratings, you may reach that magical percentage of the regulation, so again file the claim.

Here is the form:

http://www.vba.va.go...21-8940-ARE.pdf

Edited by pete992

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I have made a post before and will do this one last time.

USA,

Well for sure if you don't post - then there's no way for anyone at Hadit.com

to even try and offer help, suggestions or guidance.

We are all volunteers here.

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