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Tdiu Advice!

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Presently rated 30% cervical, 20 lumbar, 70 depression due to pain, and 30 miagraines, have imo from surgeon who did my cervical 3 level fusion stating i am going to get worse and with that said. I have had a recent C&P exam that gave me these ratings and in the exam the ROM's are much lower and will raise my lumbar and cervical ratings when i ask for an increase. However i requested a NOD for a RO review for the migraines because in the C&P exam it states 1 migraine a month when in fact VA Doc states 3 or more and also radicolpathy in all 4 extremities which was denied. I have been complaining to the VA for about a year now that somethiing new is wrong with my neck and they blow it off so i went to my outside surgeon and he did xray's and said he is recommending adding a 4th fusion to my cervical because i have gotten worse and doing a fusion in my lubar.

Here is my question, should i submit and increase now for my cervical and lumbar while i am waiting for the RO review or wait for that to be completed and I am also planning to file for TDIU in the near future so should i even file for an increase for the cervical and lumbar???? Not sure what to do and when i do file for TDIU which do i put as the main disability and second on reason for filing for TDIU??

T

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I was rated at 40% and had a Vocational rehabilitation assessment done. The counselor said that I had an impairment to employment due in substantial part to my service connected disability also that I had a handicap to employment and that I had not overcome my disability through suitable work, Pursuit of a vocational goal has been determined infeasible at this time. I have IHC dated back to 1978 service connected at 30% had pacemaker put in last Nov. developed atrial fibrillation condition guarded. Had previous TIA"s last year. My question is. What are my chances of getting TDIU. Also have doctor stating that I am permanently and totally disabled. My primary care and my cardiologist made these statements for me and they both work at the VA Bay Pines FL

Edited by cowboys4life

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Pursuit of a vocational goal has been determined infeasible at this time."

If Voc Rehab, but more importantly your doctors can state with a medical rationale that your Service connected conditions render you unemployable, this is what is needed for TDIU.

"I have IHC dated back to 1978 service connected at 30% had pacemaker put in last Nov. developed atrial fibrillation condition guarded. Had previous TIA"s last year."

I think you mean IHD (ischemic heart disease).

The IHD ratings have changed since 1978. They are here in the VA SRD topic.(Schedule of Ratings Disability)

"had pacemaker put in last Nov."

Were you eligible for temporary convalescense?

"Had previous TIA"s last year"

I am not a doctor but know that these TIAs could be caused by heart conditions and/or high cholestrol, atherosclerosis, HBP ( caused by many conditions) etc etc and could possibly be service connected as well as secondary to the IHD.

I used an ECHO to prove that to the VA.

The standard medical communiy is well aware of this:

http://stroke.ahajournals.org/content/37/2/577.full

A TIA has to cause a ratable residual to be rated:
http://www.va.gov/vetapp13/Files2/1313359.txt

TIAs can result in minimal deficits or can be forrunners to a major catastrophic stroke.

I just realised reading this that my husband's multiple TIAs have never been rated by the VA but his major Stroke was rated at 100%.

I think that rating you have, based on what you told us here is Way too low.... and you should apply for TDIU.

VA said "in substantial part to my service connected disability"

What disability do you have, that they did not attribute a substantial part to?

Your profile says 30% then you posted 40%

Do you have a diagnosed NSC disability too?

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Thanks Berta and yes both doctor and counselor stated that my heart disease has rendered me unemployable. The doctor gave an opinion that my heart disease which is ischemic heart disease, hypertension and coronary artery disease which led to my being un employable. I do have a rating for recurring plantar fasciitis and pes planus. Had surgeries on both feet waiting on temporary for that and for pacemaker which is also related to my heart condition. Because I have been unable to work the VA gave me the greater of the two pension that being a non service pension due to my stent in the first gulf war. How long does this process take. I mean I know the VA can be slow I have been dealing with them since 2002. Do TDIU claims take as long

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I just learned that my appeal for an increased which had been denied has been found which was previously denied erroneously. I went ahead and filed a new claim for IU based on the VOC REHAB denying me assistance opining that my service connected disability was a substantial part of my being unable to work or unfeasible to seek training for gainful employment. Instead I have an appointment for independent living assessment. My question is this. Will the VA kick out my new claim and should I include the counselor opinion in with my appeal. I have two doctors opining that I am totally and permanently disabled. Had two heart surgeries pacemaker implant recently and have developed atrial fibrillation. What should I do.

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