tdiu The Saga Continues

[63SIERRA]

Ok aside from everything else im battling for, I came to a realization. back in 04 when I fell deathy ill with my service related hepc which at the time was rated at zero percent I was put into a 48 week treatment of chemotherapy that means some very powerful meds that can kill you, and have killed folks., They bring u to the edge of death, to kill the virus. I was very sick most of that year of treatment . incapacitating episodes where I could barely get off the sofa for days, vomiting, 20 lbs weight loss, weakness , tired, abdominal pain, sweating chills,near constant burning diareeha , nausea , depression, rage, ect. I refiled for an increase near the end of my treatment and the va granted comp at 40 percent/. I recently read the regulations, and at least while I was on the chemo, I should have been rated 60 to 100 percent .. ALSO, even if they lowballed me at 60, that would have made me eligible for temporary TDIU. So what I want to know is specifically what I have to do, to try and get my temporary rating of 60 to 100 percent for the year I was being treated.

do I reopen, file a new claim, file a cue claim, file a special claim, ect.

also while I was on the chemo, a side effect is depression, so I was on depression meds for abt a year, and still depressed.

I struggled to pay my bills, and could only do a few service calls a week, and I had to hire my buddy to drive me around because I didnt trust myself, and was scared to faint at the wheel/ I was one sick puppy, and had to work during the hellish treatment of chemo. thse dirty bastards could have told me I was eligible for that compensation. they knew how sick I was my liver enzyme count was over 6.3 million and the liver biopsy said stage 3.5 to 4 out of possible worse 5. liver disease.

Edited November 5, 2013 by 63SIERRA

[free_spirit_etc]

"va treatment records show u reported on 11-00-02 for a first visit with complaints of feeling ill and fatigued and episodes of lightheadedness.you were staerted on medication to normalize your liver funtion tests.. (SEE HOW THEY DOWNPLAY, THEY DIDNT SAY, YOU WERE STARTED ON STRONG MEDS THAT COULD KILL YOU, AND WILL MAKE YOU VERY ILL TO KILL A LIFE THREATINING VIRUS THAT IS EATING YOUR LIVER)."

I don't think that is actually "downplaying" anything. I don't think you can expect them to actually say that, unless the medical records stated "Patient is being put on strong meds that could kill him and make him very ill to kill a life threatening virus that is eating his liver." And that doesn't seem like something a doctor would write in a report.

"Report of 11-00-03 shows you would continue on medication for an additional 48 weeks.

Va eaxamination report of 12=00-03 shows you reported being self employed.as an appliance repairman, You complained of occasional vomiting, chronic flu like symptoms, frequent abdominl pain, nausea, and mild weakness, on examination there was a 15 pound weight loss over the last 6 months and minimal muscle strength and wasting. "

So is this exam 6 months into treatment? They made sure to point out that you were working. Does what the VA said match the treatment notes? If the treatment notes down reported much worse symptoms, then you MIGHT have some basis to try to fight this. I am not saying that you were not much sicker than they are reporting. But I am saying it will be hard to fight it ten years later unless you can show that the treatment records noted that your symptoms were much worse than the RO indicated.

As far as trying to file a CUE and get 60% in order to file for Temporary TDIU for that time -- the fact that the record states "Va examination report of 12=00-03 shows you reported being self employed.as an appliance repairman" would make that very hard UNLESS the record ALSO stated the examiner indicated that you were no longer able to work. But trying for an inferred claim for TDIU would be pretty hard if the medical record points out you stated you were self employed (and pretty much indicates you were working). And again, we aren't talking about just a standard appeal, we are talking about a claim that the VA made a clear error on the decision. I think you would be against the wall trying to prove that.

Are there any other exams that reported worsening conditions that the RO did not take into account?

Edited November 3, 2013 by free_spirit_etc

[63SIERRA]

I understand what your saying FREE and theres no doubt in my mind that your heart is in the right place. what it all boilds down to is the va takes advantage of the veterans ignorance in the process; most people use ignorance as a derogotory phrase, but it just means that you do not know something.

Does anyone think that a person would continue to work while being very sick if they could be getting 3200.00 a month and be able to stay home and take proper care of themselves.. where are the patient advocates in all of this? If you believe you have no other option and have a family to care for, a resposible man will do whatever is needed, to provide for his family. like I said I was so sick, and weak and my mind so screwey from the hep meds, and deprtession meds, I had a friend who is retired drive me around. I had to pay him so with the few service calls I was able to do, and paying him to drive me, I wasnt making very much.

[63SIERRA]

"Va examination report of 12=00-03 shows you reported being self employed.as an appliance repairman"

yes but that doesnt specifically state that I was working, it just states what my employment profession was at the time.

Had it said, veteran reports he is currently working, as an appliance repairman it would be different.

Edited November 3, 2013 by 63SIERRA

[63SIERRA]

im going to dig out the cfile and do some research of the medical notes.

I also think gainful employment would come into play, if I show my tax earnings recpiepts and it shows I earned peanuts that year, it would prove I didnt work much.

Edited November 3, 2013 by 63SIERRA

[free_spirit_etc]

"it say in thier own words frequent abdominal pain, , nausea, and mild weakness. everyone knows how much abdonminal pain hurts and how debilitating it can be. that not including feeling nausiated, , lightheaded, and dizzy all at the same time. How can this not be debilitating and they expect a person to just jump up running and go to work feeling like you are abt to crap on yourself. ALL DAY"

I don't think the RO can make that leap Sierra. They can't say "Veteran suffers abdominal pain and everyone knows how bad that hurts. He probably didn't feel like working." They need something in the records at that time stating that you were incapacitated. Appealing at that time, you may have been able to make a case that you were sometimes incapacitated. Statements from your spouse. Records showing a significant drop in earnings, etc. But I think it would be virtually impossible to go back and show the RO made an error by not realizing you were incapacitated because you had abdominal pain.

Edited November 3, 2013 by free_spirit_etc

[free_spirit_etc]

I agree 100%.

what it all boilds down to is the va takes advantage of the veterans ignorance in the process; most people use ignorance as a derogotory phrase, but it just means that you do not know something.