hypertension Tdiu Denied.. Help, Feedback, Aynything....

[Tig]

I received my TDIU denial today and it's seems they only considered my service connected conditions, that are not presently on appeal in D.C. for the decision?? Do I read this correctly.. they only used three SC conditions for their decision?

"You reported several service connected conditions prevent you from obtaining and maintaining gainful employment. Because a claim for individual unemployability is essentially a claim for an increase in your service connected conditions, we have considered whether an increased evaluation may be assigned for your service connected hypertension, radiculopathy of right upper extremity, and radiculopathy of your right lower extremity. The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision."

"Entitlement to individual unemployability is denied. We received the Social Security Administration Disiability decision dated August 29, 2007, which you submitted in support of your claim. This decision notes you were granted disability benefits due to your post traumatic stress disorder, status post cervical fusion and degenerative disc disease of your lumbar spine. At this time, you are not service connected for post traumatic stress disorder. The examiner concluded that it was his opinion, after interviewing and examinging you, that the serverity of all your service connected conditions does not preclude you from obtaining or retaining substantially gainful sedentary employment."

To date I am rated at 80%, 130% in regular math..

Now what an appeal?? Is this SOP When over half of SC coditions are in D.C....

Any thoughts or suggestions would be greatly apperciated..

[Tig]

Yes, the PTSD has been in appeal or deferred status for six years(to the best of my knowledge), was treated while on active duty and is at the BVA. I had no PH,BS,CIB, etc, so I had to prove the stessors.. The VA came up empty on stressors and the research, then I fought with FOIA for almost three years, then after a call to my congressman(after meeting a person who knew the ropes, like many of you) I had records in my hand in a matter of a few weeks. The VSO said they were being fowarded to the BVA, that's been over a year ago.

The good thing about the C&P for the TDIU is my SC bronchitis is now DX asthma, puffer daily, my SC scar somehow grew a cm putting it over 13cm and I was awarded 10% for hypertension, but nothing was mentioned about the Asthma and Scar in the rating decision??

So if I appeal the TDIU it will keep the window open?? I just don't want to "muddy the waters" or "shot myself in the foot" again.

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"This decision notes you were granted disability benefits due to your post traumatic stress disorder,etc."

Is this PTSD that is not related to your service in any way?

If it does stem from your service , have you filed claim for the PTSD too with the VA? Then again that too would 'muddy the waters even more at this point.

I suggest that you definitely appeal this denial of TDIU and try to keep the TDIU claim open until the BVA makes a decision.

"Therefore, the conditions on appeal were not addressed in this decision." You can protect the TDIU EED by trying to appeal this until the BVA decides as they have stated they didnt use those conditions in the decision.

Do you have any more evidence for the BVA case? I sent them stuff the whole time my appeal was there.