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

[63SIERRA]

I didnt even know I could go to the va for care, untill 2002, I got out of the army in 95. Had a neighbor not told me, Id have likely died from the hepc or kindey cancer, as I have no other insurance. and texas doesnt have charlity hospitals like louisiana does, so you just die. 'Nowadays they are pasing the vets right into the va system, BEFORE they get off active duty. Thats what they should have been doing. I imagine many vets who live in rural areas, still dont know they can go to the va. because I live near the largest concentration of soldiers and vets in the free world, ft.hood texas. and I did not know.

[free_spirit_etc]

"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."

That could have been a valid argument in a timely appeal - if you were providing evidence that you were not working (or hardly working) and the RO said the examiner reported you were working. You could certainly argue that he merely reported your profession and did not state you were working.

But trying to go back and file a CUE, and add that there was an inferred claim for TDIU - unless the examiner stated you were NOT working, or you had stated in your statements to the VA you were not working -- the inferred claim isn't there.

[free_spirit_etc]

They save a lot of money on what the vets do not know.

. because I live near the largest concentration of soldiers and vets in the free world, ft.hood texas. and I did not know.

[63SIERRA]

ok as far as the kidney cancer, I filed the claim the day before surgery. di you think they should have comped me at 100 percent from the day I was found > the day the girl found it on ultrasound while checking my liver?

Edited November 3, 2013 by 63SIERRA

[63SIERRA]

they also did not mention that they removed one of my adrenal glands, .. they try to play it off and act like you have almost 2 sets of everything, and if they remove one, the other one takes over, and all is well. Im not buying it. God gave me 2 kidney s and two adrenal glands for a reason.

[free_spirit_etc]

I don't think how they rated you has anything to do with hep c. I think they rated it according to the schedule of ratings. I am not sure what the schedule was at that time, but the current schedule is:

7500 Kidney, removal of one:

Minimum evaluation................................................................................................. 30

Or rate as renal dysfunction if there is nephritis, infection,

or pathology of the other.

So unless you show some dysfunction in your remaining kidney - they would just rate you on the loss of one kidney.

maybe they are robbing me on the kidney cancer because its secondary to hepc?