tdiu Denied Because Dav Rep Mistake, Filed Second Round.

[mav2u]

I've been out since Jan 03 when I was Med boarded from the AF for my back. I had a tumor removed from my spinal cord l4-l5 in 2001. I had nerve pain in the left side since 1998. After the surgery it helped a little but the pain was still there. Pretty much from the left side of the back at the belt line down to my foot all day spiking and throbbing pain. Insomnia because of the pain and the joy of all the meds I have to take to relieve the pain. Not to mention during the service I had a break down because of all the pain and the constant torment from command NCO's and Officers complaining about my condition thinking I was faking, which was then diagnosed as depression and was in treatment.

I got of of the AF and immediately filed at my VA an thru the years have received the following SC ratings.

70& bi-polar

20% cervical spine,

10% post lumbar laminectomy with tumor resection,

10% for radicular symptoms left lower extremity secondary to status post lumbar laminectomy with tumor resection

0% allergic rhinitis ( can't get them to give me anything even though I suffer an take alergy medicine 365 days a year )

0% residual moles removed on back

So I tried school when I got out as I definitely couldn't do Aircraft Maintenance any longer. I tried for about a year in a half when I started to fail miserably. I took a job that a friend got me as a loss prevention person at a store. Watching store cameras for people stealing. Only problem was that I had a hell of a time staying awake with meds and sitting for long periods was torture but I did it. I was always on the edge of being fired for my lack of performance or my anger. So I knew my time was coming short so I hopped over to another store doing the same thing for about another year. I finally figured something isn't right and went in an saw the Mental health. They figured I was having depression again, but after several months they determined it wasn't depression but bi-polar. Which explained a lot. I worked for Ford for about 8 months doing inspections of vehicle claims an was always on the edge for being angry, or because I was out of work so much for my back or headaches. Seeing that my time was coming short their I found another gig from a friend doing photography business for about a year an a half. By this time my back was hurting more, my right arm was burning on fire which it had while I was in service but they never found anything. My bi-polar was getting worse but I still hung in there. Lots of percocet helped through the days and ever changing bi-poplar medicine. Finally in 2008 I was getting worn down and the economy tanked so they let me go and I haven't had work since.

I never knew about TDIU until shortly after in early 2009 my Mental Health doctor told me to re file my Bi-polar for more as it was at 30% as I had gotten worse in condition. I received a 70% bi-polar rating in Nov 2009. My right arm which had become a burning inferno of pain finally got the diagnosis from a doctor outside the VA because I refused to see the VA doctor again or I was going to throw her out the window if she told me for the 5th time that nothing was wrong with my arm. Come to find out, I had a severe ulnar nerve entrapment in my right arm. I got immediate surgery on it after having this pain for 10 years in December 2009.

That was when I heard about TDIU. So I went to DAV at the clinic and told them I wanted to file for it and for my arm now that I had a surgery and they found what was wrong. So I wait until June 2010 and find out the DAV rep filed for some kind of temporary out of work disability like a workmen's comp for my arm that I just had surgery on. I was PISSED that this jackass screwed up that badly! They denied me saying I hadn't tried voc rehab and that my arm was denied as non-SC. Which I have paperwork for an it is in my records for being sent to a neurologist while I was active duty, but I got med boarded before the nueroligist to see more more than a couple times to figure out what was going on.

Thankfully there was another DAV person out there that knew what they were doing and filed my now denied letter for appeal submission stating that it should have been for TDIU and that my arm was a add-on on claim for disability. Filed in August 2010 they finally got all the stupid job history info in from my previous employers in December 2010. Which I had no idea they were waiting on or I would have gotten in to them sooner. So now here I sit, knowing that it is sitting on the desk of some person at the VA to be combed through with a fine tooth comb. At least that is what they said this person is going to do on a appeal like this is that they go through the entire file top to bottom.

Am I being optimistic that I'll get TDIU? Should I be prepared to get a lawyer? I'm just so tired of fighting this paper war with the VA and the incompetent few physcians that they have at the VA I just don't have much fight left. I left a bunch of stuff out in between the years with filing and doctors. I'm just tired of trying to survive on nothing. Blessed that my wife has stayed with me this long. I'm in my 30's an this is all life amounts to an it is pretty sad state of affairs. No friends left as I've pretty much taken care of annoying them or they don't want to hang with a cripple anymore when they go hiking or boating. If TDIU isn't in the mail soon, I'm not sure what else to do....

[mav2u]

Yes, you can hire a lawyer. We need more facts regarding your claim. What is it you are claiming and what evidence do you have for service connection? Have you had a C&P exam? Did you file with the BVA or VARO?

Everything is listed in this forum for all the info I've done.

[john999]

I did not see all the info you had in the post. You can still hire a lawyer.

[mav2u]

I gave a call to the B&M law firm that advertises on this forum page an they gave me the run down on what steps to take. Right now it is a wait an get the decision an proceed as needed from there. He said 16 months is the current turn around time for the appeals currently that they are seeing. He also said that at 80% I should get the TDIU just becuase of the stuff in my file. But, if I don't then give them a call an proceed with the new appeal that goes to court in DC from what he said. So, I seem to be on track even though this train is poor, and barely riding on the rails I'll figure out a way to try to keep chugging along for couple more months.

I'll also file for the Social Security disability. So I started a thread in the Social Security section on my progress of filling out the forms online for that stuff. I'll keep this updated if I get any new info.

[chinavet]

Social Security can be tough, but I got it done within six months. It was actually a lot easier than VA. I am on year 9 with the VA.

Good luck!

I gave a call to the B&M law firm that advertises on this forum page an they gave me the run down on what steps to take. Right now it is a wait an get the decision an proceed as needed from there. He said 16 months is the current turn around time for the appeals currently that they are seeing. He also said that at 80% I should get the TDIU just becuase of the stuff in my file. But, if I don't then give them a call an proceed with the new appeal that goes to court in DC from what he said. So, I seem to be on track even though this train is poor, and barely riding on the rails I'll figure out a way to try to keep chugging along for couple more months.

I'll also file for the Social Security disability. So I started a thread in the Social Security section on my progress of filling out the forms online for that stuff. I'll keep this updated if I get any new info.