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Tdiu Chances

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conserve

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I applied for tdiu and the c&p Dr stated that i could do sedentary work if my pain was brought under control. I am currently rated 20%. 10% for knee and 10% for back. I have also asked for secondary depression due to my being unemployed and depressed. I got

axis I adjustment disorder with depressed mood

axis ii deferred

axis iii chronic Pain

axis iv 3 (unemployed, Financial Problems)

axis v 55 current functioning.

I have been through pain Management and am on morphine and percocets daily.

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  • HadIt.com Elder

Let's See--

You are currently SC'd for knee and back injury.

You take narcotics (prescribed) for pain associated with the knee and back injury.

"I have been through pain Management and am on morphine and percocets daily."

The substance of your claim is that morphine and percocets prevent you from working, along with the original injuries.

Another issue is that the knee and back problems may prevent you from sitting for any substantial length of time..

Somewhere, a sedentary job is defined as having to sit for extended periods, up to six hours a day.

With knee and back problems, I'd expect that frequent interruptions would be needed to prevent/reduce pain, and mobility problems that can be aggravated by extended sitting.

The combination of SC'd conditions, pain, and treatment prevents you from working at the job you are qualified for.

(In this case, a foray through the VA's "training/education" programs might generate additional information in your favor.)

I.E. The effects of prescribed meds for SC'd conditions prevent the veteran from successfully completing such a program.

This can help document that you are unemployable/untrainable due to pain and the narcotics.

Have you considered applying for SSA SSDI?

It's also worthy of note that it is against the law to drive in most states when you are taking narcotics.

This can be used to show that restricted mobility is present, if not fully house bound.

Obviously, a care giver or public transportation would be needed to get you to/from any normal employment location, doctor, etc.

Edited by Chuck75
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Let's See--

You are currently SC'd for knee and back injury.

You take narcotics (prescribed) for pain associated with the knee and back injury.

"I have been through pain Management and am on morphine and percocets daily."

The substance of your claim is that morphine and percocets prevent you from working, along with the original injuries.

Another issue is that the knee and back problems may prevent you from sitting for any substantial length of time..

Somewhere, a sedentary job is defined as having to sit for extended periods, up to six hours a day.

With knee and back problems, I'd expect that frequent interruptions would be needed to prevent/reduce pain, and mobility problems that can be aggravated by extended sitting.

The combination of SC'd conditions, pain, and treatment prevents you from working at the job you are qualified for.

(In this case, a foray through the VA's "training/education" programs might generate additional information in your favor.)

I.E. The effects of prescribed meds for SC'd conditions prevent the veteran from successfully completing such a program.

This can help document that you are unemployable/untrainable due to pain and the narcotics.

Have you considered applying for SSA SSDI?

It's also worthy of note that it is against the law to drive in most states when you are taking narcotics.

This can be used to show that restricted mobility is present, if not fully house bound.

Obviously, a care giver or public transportation would be needed to get you to/from any normal employment location, doctor, etc.

Thanks for your reply Chuck yes you have it in a nutshell for my case.I have applied for ssdi also.

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  • HadIt.com Elder

Carlie, I'm fairly sure one does not need to do other sedentary employment for the VA benefits. If your SC disability keeps you from doing your usual profession/job then they need to pay up. SSDI requires that you do any type work. I'd argue the sedentary statement by the examiner, as his job is not sedentary. I'd apply for VocRehab, who will probably deny and continue seeking TIU but with more evidence.

pr

conserve,

That was at the employment you held then.

The C&P examiner stated you can do sedentary work,

this is what VBA will hone in on.

What meds are you on for SC'd disability's ?

You have a long way to go even for an extra-scheduler (38 CFR 4.16b) rating which

you would have to request and they are rarely granted.

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I'd apply for VocRehab, who will probably deny and continue seeking TIU but with more evidence.

pr

I would certainly agree with seeking Voc Rehab.

I still feel this vets has a long way to go and hurdles to jump,

for them to get IU granted.

JMHO

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