RichSal2451

Congrats to you!! Yours went easier than mine. I filed for SSDI in April of 2012 and was denied. Hired attorneys and appealed, which got me in front of an admin law judge in December of 2013. But just got the letter saying fully favorable decision back to my last day of work on March 22, 2012! Now lets see how long it takes for the retro monies to show up.

Got a response to an IRIS request in which they verified the new rating is 100% schedular and granted as permanent and total! Once again thanks to all on here who provide constant advice and support.

Thanks Carlie. Confusion came in because TDIU is what I originally applied for. Then when they added the 4 additionally ratings, I also qualified for schedular. I will check with VARO later as you suggest. I see I'm not the only one up late tonight.

I wonder if Carlie, Berta, or someone can help clarify something for me. I received my decision letter, and I did receive 100% plus two SMCs. During this process they also added four new disability ratings for peripheral neuropathy. But on one page it says "we granted entitlement to the 100% rate effective April 5,2012, because you are unable to work due to your service connected disability/disabilities." This suggests TDIU to me. Then two pages later it says "your overall or combined rating is 100% from April 5, 2012. And this suggests 100% schedular to me. Now I'm happy either way, but just wondering which it is so I know whether or not I need to file the annual form stating whether or not I have worked. I have attached the appropriate documents if they will help. Thanks everyone for your support, info, and help. scan0001.pdf scan0002.pdf scan0003.pdf scan0004.pdf

Good for you my friend!

Thanks everyone!

Thanks guys! I checked again this morning, and there is an AB3 letter that says I qualify for commissary priveleges due to 100% disability that is permanent and total with no future examinations scheduled. I know I haven't received anything in the mail yet, but I have to believe this is the real thing.

Checked ebenefits today, and it says my TDIU open claim is unavailable at this time. But the AB8 letter states 100% instead of my normal 90%. So I think the package may be coming in the mail soon. Thanks one and all for advice. I'm cautiously optimistic right now.

Nothing like this in my experience.

First thank you to all of you for all your past advice. It has really helped. Another question if I may. Until today, 12/11/12, e-benefits showed my claim for TDIU and 100% temporary as being in the gathering evidence stage with an estimated completion date of 11/27/12 to 01/23/13. Now it shows it is still gathering evidence with an estimated completion date of 02/10/13 to 04/08/13-- no surprise, this is the VA. But as of today it also states they determined my claim needs additional review, and it further states they did not receive four items they requested from me. Evidence of surgery and convalescence for the temporary 100% claim, a 21-4138 form, a VCAA Notice Response form, and employer information forms. For all of these items I responded within less than 30 days and sent them certified mail, return receipt requested. I have all of these receipts. Any advice on how I should proceed? Thanks,

Thanks all.

According to my VARO records, the VFW is my current power of attorney. Fully expecting my TDIU claim to be denied initially, I intend to use an attorney for the appeal. As I understand it, the VSO can send the appeal on without waiting for my decision, and I do not want that to happen. How do I best eliminate them? Thanks.

Guess I'll have to sigh also. My TDIU claim was sent in 4/5/12. Still shown as "Under Review" on ebenefits. So far I've had a general C&P exam, a hearing C&P exam, and am now scheduled for a diabetes C&P exam next week. Why hasn't the claim advanced to gathering evidence? Answer: ebenefits is useless IMHO. What I didn't do and didn't know I could until after the filing is request my 'c-file'. I figure I'll wait and request it for an NOD if the claim is denied. Good approach?

Thanks Mark. Got your response to my private message.

Thanks Mark. Audio C&P went well. Good luck to both of us. Also Mark, I have a question to ask you. How do I send you a private email?

Okay, had my general C&P exam this morning with the doctor contracted by VES. I got there about 30 minutes early, and sat down as direcdted. After about twenty minutes I had to stand-up for awhile due to the back issues. Then ten minutes after that the doctor cdame for me. Started out with alot of questions read from what I assume was a standard VA form. Then examined me with regard to blood pressure, heart, back, and knees. I must say it was the most comprehensive exam I've had since dealing with the VA. Lasted about an hour. At the end he said he felt I had full range of motion in my knees, but definite serious back issues. Tomorrow is the audio C&P, and then we'll wait some more. Back surgery coming on Monday.

I just found this topic and wanted to add my two cents, for what its worth. I am currently rated SC at 90% for several issues(60% CAD, 40% lower back DDD, 20% diabetes, 10% hypertension, 10%left knee, 10% right knee, 10% hearing, and 10% tinnitus). I have applied for TDIU due to back getting much worse, and the VA has me going thru VES also. I received the same introductory letters and forms you did, and have a general C&P exam scheduled for 8/21 and an audio C&P exam on 8/22. In both exams, VES has contracted with local docs to do the work. Glad to hear you had positive experiences, and I'll hope for the same. Good luck to both of us.

Way to go MarWar!!! Congrats and enjoy!!

iceturkee, did you get your award on initial claim or did you have to go thru appeals? How long did the process take?

Wanted to give a recent update and ask for any input you would care to give. this site has been very helpful with information and emotional support. I received a letter from a firm named Veterans Evaluation Services out of Houston, Texas informing me they are contracted by the VA to handle claims processing in order to help with the backlog. They also informed me I was scheduled for an audio C&P exam with a civilian clinic on August 22nd. Today I received another letter from them saying I am scheduled for a general C&P exam on August 21st. Maybe things will actually happen faster with their office handling my claim. Here's hoping.

Berta- The DMII is agent orange related. They classified the ischemia as being coronary artery disease secondary to hypertension. Originally rated at 0%, then increased to 10%, then again to 60%. Applied for SSDI at the same time as TDIU. Was denied in twenty days, and now have attorneys working on the appeal.

Thanks Berta. As far as working while 90% rated, there wasn't much choice. I am now scheduled for left arm ulnar surgery on 7/30 and lumbar back surgery on 8/27-both at the Mpls VAMC. Hopefully this will help my TDIU claim. I am copying the letter from my wife that we sent with the claim that summarizes things quite well, in hopes it will help clarify my ramblings. Your thoughts and comments are very helpful and greatly appreciated. April 2, 2012 Re: To Whom It May Concern: I submit this information regarding my husband, __________________. Richard & I were married in 1970, while he was home on leave after his service in Viet Nam. He began having problems with high blood pressure in 1972 and 1973 before his tour of duty ended. Due to his young age, Richard’s high blood pressure was treated inconsistently until 1978, when, under the care of a new doctor, his heart was found to be unusually enlarged because of the chronic high blood pressure. Richard has been under doctor’s care for high blood pressure ever since. Richard has had lower back problems our entire marriage since having a tower blown out from beneath him in Viet Nam. In the early years of our marriage, Richard’s symptoms varied from aching in his lower back, to an occasional “going out.” There was no specific movement or action that consistently caused a problem. In the past, he would lie down on the floor and elevate his legs from the knees down on a foot stool until the pain and discomfort was sufficiently relieved to get up from that position. It would usually resolve over a 6-8 hour period. He was generally prescribed 800mg ibuprofen for the pain and inflammation; not enough to mask the pain, but to relieve it somewhat and help reduce swelling. Richard rarely missed a day of work due to back pain; he learned to live with the constant aches. About 1985, Richard was diagnosed with herniated discs as the cause of his lower back pain. He was given a series of exercises to do to help alleviate the pain. He continued taking the 800mg ibuprofen for discomfort. It was about this time that his right knee began giving him trouble as well. In 1987 at the age of 36, Richard had his first heart event. It was in the very early morning hours and he said goodbye before going out the door. To my surprise, he came back in an hour later. He had been sitting in his vehicle the whole time. He explained that he felt terrible, but couldn’t identify what was wrong. He called the Doctor’s office as soon as they opened and got in to see the Dr. later that morning. Enzymes present in the blood test the doctor performed revealed he had had a mild heart attack. In the mid-to-late 90’s, Richard’s back problems began to noticeably worsen. I had left my career to stay at home and take care of our adult son, Kevin, who was diagnosed with an extremely disabling form of multiple sclerosis in 1993. Ever mindful that he was the sole breadwinner at that time, Richard continued to live with the discomfort of his own back, “taking to the floor” when he needed to, and taking ibuprofen for the pain. He also had a prescription for Hydrocodone for pain, but only took it when he was at home for the evening or weekend and was experiencing considerable discomfort that was not relieved by ibuprofen. In 2001, Richard was diagnosed with Coronary Artery Disease. He underwent an atherectomy and had a stent placed in his right coronary artery when a blockage was discovered during his “50-year old” physical. Emergency surgery was performed when the artery was found to be 99% blocked. Since that surgery, Richard’s medical care has included treatment for high cholesterol and triglycerides and carrying nitroglycerin for angina caused by ischemia. As our son’s disease progressed, Richard was mostly unable to help with some of the more physical tasks, such as transfers, range of motion exercises, and helping to turn and position him. Bedridden and quadriplegic since 2006, our son Kevin passed in June of 2009. As Richard’s chronic back condition appeared to worsen, in both 2009 and 2010, Richard sought opinions outside the VAMC. In addition to his lower lumbar region, MRI’s were done on his thoracic spinal area. Problems were identified in the thoracic area in addition to the L-4, L-5, S-1 that had always been at issue. During this time, a problem was also identified beginning in the cervical area of the spine. As the pain became more severe more frequently, I noticed some other symptoms appearing. If we were driving an hour or more away from home, Rich would have to stop frequently to get out and stretch. He began to experience more tingling and occasional numbness in his lower legs. There were times he experienced sharp pains down the back of his legs, usually on the right side. It was also about this time he started to experience erectile dysfunction. This has become a chronic problem for which he is unable to take medication. Richard was diagnosed with Diabetes II in March of 2010, and has been taking medication for it ever since. He was also diagnosed with COPD which he also takes medication for. Richard has worked as a Project Manager/Electrical Engineer for more than twenty-five years. This requires him to be at customer’s plants anywhere from 20% to 50% of the time on any given project. In 2010, Richard was working for Fluor/Plant Engineering Services at the Flint Hills Resources refinery. Being a refinery, the “field work” included having to climb stairs to the top of storage tanks up to 100 ft. high to obtain existing instrumentation information. Between Rich’s back pain, leg numbness and COPD, this became more and more difficult to do, having to stop several times on the way up and down, sometimes experiencing dizziness. Rich sought other employment in December of 2010 when he felt that his own safety, and perhaps the safety of others, could become an issue if he were to stay. Richard began work at Malt-O-Meal in January of 2011. In the little more than a year that he’s been at Malt-O-Meal, he has had projects in their Northfield MN, Asheville NC and Tremonton UT plants. In March of this year, while at the plant in Northfield, Rich suddenly experienced excruciating back pain that took him down to the floor. After a bit, he managed to get up with help from a co-worker. The co-worker helped him out of the plant and assisted him with removing the sanitary coverings required to work in a food plant, including the shoe coverings. The pain was still so intense, Rich drove himself directly to the VAMC emergency room, instead of going back to the office. The emergency room doctor at the VAMC basically put Richard on what used to be referred to as a “profile” in the military….no prolonged sitting or standing, and no prolonged standing on concrete. She said he could go back to work in one to three days, or as his pain allowed him to. I can say unequivocally that this back event is significantly worse than it’s ever been before. The pain and discomfort in his back has yet to resolve. He has been unable to bring his own leg up to rest on the other leg’s knee to tie his shoes, or bend all the way down to tie them; I assist him in this task. It takes a good ½ to 1 hour in the morning for him to stand completely upright after arising. While he has not lost bladder control, when he feels that he has to “go,” it’s urgent. The driveway to our home has a significant incline, and Richard now finds it nearly impossible to go down and check mail as maintaining his balance on the uneven surface causes him severe back pain. When Richard informed his employers, both Malt-O-Meal and the Contract Engineering Company, of his physical restrictions, they both informed him that they would be unable to continue their working relationship with him under those conditions. All industrial and manufacturing facilities have concrete floors, and if Richard can only stand for short periods on concrete floors, he can longer do the jobs they would have hired him to do. I have seen this honest, hard-working man work through any pain he may have been in to provide for his family all these years, and it is heartbreaking to now see him unable to work because of it. Sincerely,

Berta-Here are your comments and my responses: It certainly could take some time away from the claim. It might only take 30 minutes for VA to copy it, but getting it to a copier could take weeks if not months. With the 90% now, they had to consider you for TDIU at the time of that decision. Unless you were employed then. I was employed then, and there was no mention of TDIU anywhere in there decision letter. Is this due to a NOD you filed on the 90% award or a separate claim for TDIU? A separate claim for TDIU. My back has gotten much worse, and have not worked now since March 22nd. The 90% decision gave key reasons (if VA followed the regs) as to why they didn't consider you for TDIU or, if they did, exactly why they denied at that time-which is what you need to overcome now. Again, there was no mention of TDIU in the 90% decision letter of 2010. I am surprised they even farmed the claim out-I think you mean the AMC (Appeals Management Center) by Washington DC? Letterhead says Veterans Service Center in DC. It may have been farmed out because my files are flagged due to being an employee of the Minneapolis VAMC for one year in 1987. I know that issue occasionally comes up when I go in for treatment.

I currently have a claim for TDIU pending at the Minneapolis VARO, which they forwarded to the Washington D.C. VARO, and then to a claims processing center in London, Kentucky. My question is this: I have not yet requested a copy of my C-File, and I am wondering if doing so would possibly set my claim further back on the calendar. Any help is much appreciated.

I'm kind of a newbie here myself, but I suggest you get anh attorney. As I understand it, they get paid only if they win your case and the proceeds comefrom your retroactive benefit proceeds. So that says to me if they take the case, they think there's a good chance of winning.