Snake Eyes

It seems the argument is that if you have SGE, don't apply for TDIU. I'm self employed and make less than $8,000 a year. Is that considered "work"? One side seems to think ANY work dooms a TDIU claim or at best, amounts to a false claim.

There are also reports that say diabetes causes sleep apnea and studies that show sleep apnea causes diabetes. I've found appeals favorable to the veteran for the latter both as a secondary condition and as an aggrivating condition. It seems like it's a matter of the doctor saying the magic words. I've only seen vets get service connection of diabetes secondary to sleep apnea on appeal -- I'm wondering if anyone has ever got SC on first go around. Appeal -- Diabetes secondary to sleep apnea (Citation Nr: 1307050) Appeal -- Diabetes secondary to sleep apnea (Citation Nr: 0930255) NIH: Obstructive Sleep Apnea as a Risk Factor for Type II Diabetes -- Aggrigated studies

I see references here to reviewing C&P exams and it seems like some members are getting copies the same or next day. I live a long way from our VAMC and I requested by fax a copy of both C&P exams using a medical records requst form. Is that the correct procedure?

Thanks for the comment, Phillip. If a person is 70% psychatric for GAD and applies for TDIU based on that, would the 100% TDIU rating prevent him from working? Or are you speaking of a 100% schedular rating for the psych disorder?

I know pride goes before a fall.... Maybe the OP's desire to start a business is a sign he's not ready to give up on work (only he can speak to that). When I got my initial rating earlier this month (90%), I was actually depressed for several days. The reality hit me that the VA just confirmed that I am slowing down due to my SC issues. The hardest decision is whether to seek TDIU and SSDI knowing I have to cut back on what little work I'm still able to do -- from which I get both enjoyment and a sense of contributing something to society. So is it "pride" in the negative sense? I suspect many veterans going through this phase of their disability journey have similar experiences. Like the grieving process.... the shock and denial are past, but it's hard to take the "obvious next step" when you have been conditioned to believe throughout a long military career that it amounts to giving up or retreat. Maybe that's why we see so many posts from people asking, "can I still get TDIU and work?" It isn't about the money -- for me, since the TDIU would be the same or more than what I'd get by sticking with my current self-employment strategy.

This brings up a paranoia on my part: If you get a C&P for all the conditions you list and the "NEW" C&P doc disagrees with the first one, will the VA use that as evidence for a reduction instead of TDIU?

Thanks to all the vets on this site. Information and success stories you've shared have been helpful -- especially in the two year journey to finally getting rated. I am considering a TDIU claim and possibly SSDI, but thought I should look into vocational rehab first. The question is whether counselors "write off" veterans who have high disability ratings, particularly in the mental health area. I am 90% schedular as follows: 70% Generalized Anxiety Disorder 50% Sleep Apnea 10% Lumbo-sachral strain 10% (Each) Left knee and right knee 10% Right ankle The GAD was based on several factors that would cause me to reject an applicant for a job interview if I was an employer :-) Some examples: Difficulty in adapting to a work-like setting Difficulty in adapting to stressful circumstances Difficulty in establishing and maintaining effective work and social relationships Anxiety Chronic sleep impairment Suspiciousness And so forth. Not the sort of stuff you would put in your resume to be sure. I am self-employed as an independent contractor teaching classes for an online school. Since I work in a home office, free of chemical issues and with limited interaction with co-workers, I am able to earn between $7,000 and $10,000 per year. I put in between 20 and 25 hours weekly depending on how many classes I can teach. I can't sit very long due to the back pain.... when I lie down to relieve the pain, about half of the time I fall asleep. In a statement with my original claim, I indicated I put in an additional 20 to 22 hours weekly uncompensated. I did NOT make clear that most of that was broken up with frequent breaks and almost daily naps. QUESTION IS: With all the issues above, I can't imagine Voc Rehab would be a realistic option. Are the counselors known to discriminate against people with mental health issues? TDIU would make sense but I can't afford to quit working on the speculation I might get it.... Not sure WHAT I should do.

Thanks for the info, folks.

That's what I'm not sure of. As noted above I got a payment from VA. I'm wondering if more back pay could come after DFAS audits. Again, I may not be understanding the process fully.

Congrats! Patience and good documentation pays off :-)

I just got a check for back pay that is about $2,500 less than my award letter led me to believe. It looks like they paid for each month where there was an adjustment but not the months in between. Is this because of withholding? If so, who pays the difference? I'd expect DFAS would be faster than VA. how long does the final payment, if any take?

At what point does it become final? I assumed since I got my award letter the underlying clame was final.

I was rated as follows: 70% Generalized Anxiety Disorder 50% Sleep Apnea 10% Lumbosacral 10% Right ankle 90% Combined rating With my original claim, I submitted a Statement in Support of a Claim which detailed various instances of inappropriate acting out in the workplace. A follow up statement after my C&P clarified a comment I made in an earlier statement submitted with my claim that "I have been unemployed since 2010" -- pointing out that I am working about 20 hours weekly as an independent contractor for an online school. Working conditions and frequent breaks to lie down for pain relief (something you can do in a work-from-home environment) were described in that statement along with my earnings for the three years I've been doing this -- well below the threshold for marginal employment. The VA in my award letter did not mention either statement and apparently did not infer a TDIU claim based either on my schedular ratings or the statements I submitted. QUESTIONS: If I submit a TDIU claim and cite the documents I submitted with the original claim -- and win the TDIU, will my TDIU effective date be the effective date of the original claim? If the VA is supposed to treat this combination of rating and documents explaining my work environment and earnings over three years as an inferred claim, would this be an example of a CUE worth pursuing?