Lyndenrider

Just wanted to pass along to those who helped my thru the TDIU process starting in October 2009............... Received my claim decision today and was raised from 60% to 90% and was granted TDIU P/T w/ Ch.35 and CHAMPVA benefits. Lyndenrider

After over a year, I'm still waiting for the VA to process my claim for TDIU. They made a mistake in not sending me to all the appropriate DR's for the C+P Exams, so they rated my case with the info they had and then resubmitted my file with my original claim date [did get bumped from 60% SC to 90% SC in the initial rating decision]. From the way it appears they are scrambling to complete my case. This leads me to the point that, without having sent ALL my info to my DAV SO, I'd likely be told that I made a mistake in not sending in the needed forms or some other BS. I ALWAYS submit info to the VA through the DAV, that way I have an additional line of verification that my documents have been received at the VARO. Not sure if all SO's do this, but I get a letter in the mail within a day or two from the DAV that my info was directly received by the VARO. KEEP UP THE FIGHT! Lyndenrider

Well, my DAV S.O. recommended that I wait until I get the "official" letter from the VA before screaming too loud. It's possible that the deferral gets granted, since it is just a deferral at this point. Also, my mental disability [OCD] was increased from 10% to 70%, so that should help my case against SS who has denied me benefits twice already. Time to hire a lawyer I guess... I wear bilateral knee braces for my SC knee problems and take Morphine for my pain, yet the VA kept my bilateral knee rating unchanged from what was granted 10 years ago after multiple sugeries! Will definitely be submitting a NOD on that! What amazes me is that the VA and SS only make me MORE mentally "handicapped" by causing me undo and unneeded stress due to having to fight for benefits that I have earned and am entitled to. After active duty I worked in the workforce for 15 years with my SC disabilities before it got to the point where I was no longer able to. I met my end of the 'agreement', why can't the government? I even have documentation in my VA medical file from my VA Psychiatrist stating, in plain English, that I am UNEMPLOYABLE! What more does the VA and SS want from me? I'd gladly give up my health problems for the ability to maintain a job and support my family, but I can't! Thanks for letting me rant... Time for more Prozac and Morphine.... Lyndenrider 70% OCD 20% Lower Back 20% Right Knee 20% Left Knee 0% Multiple other SC Disabilities DEFERRED for TDIU DEFERRED for Pain Disorder

Well, got my 'for information only' letter from the DAV today. My total disability rating was raised from 60% to 90%. My claim for Pain Disorder was DEFERRED and my claim for TDIU was DEFERRED. Why the heck would they do that?!? My form 21-8940 and my form 21-4192 are in my c-file, verified by the DAV a few months back. Can anyone help me on why they would defer these two issues? Every other SC claim was increased [a total of 5]. Any help or additional info would be greatly appreciated! LYNDENRIDER

My last post got kinda long, so I decided to post a new topic/thread, even though my previous situation still continues [i already meet the SC requirement of TDIU]... Here is the lastest in my struggle: Last week I received a letter from the Seattle VARO stating they needed VAF 21-8940 [TDIU form] to be completed and returned if I wanted to be considered for TDIU. Problem is, I sent it to them with my original claim back in October 2009. I even called my POA [the DAV] and they verified that the form was in my file and was date stamped October 29,2009. I am told now that my file will now sit ANOTHER 30 days before it will be ready to be looked at again. I might also add that my file did go to the rater, but was sent back to the Adjudicator. My question is: Is them sending me a letter asking for it a good sign? Or is it a sign that they are confused? Or is this just standard procedure? Thanks! Lyndenrider

No lawyer.............yet. I plan on getting a SSD Lawyer if my 1st appeal fails. On my first attempt at SSDI, I got all the way to the very, very end of the process. Based on my research, family's research, and other conversations I've had, basically my age (I'm 37) is what is preventing me from getting SSDI. If attempt #2 fails, then I will feed them to the lawyer wolves... Though, this is a different topic on this forum site. Mainly just trying to get 100% scheduler or TDIU. I wouldn't waste my time or their's if I felt I was not truly entitled. Lyndenrider

Also applied for SSDI and was denied. Their letter stated that I "have significant issues and disabilities, but they are not severe enough per the SSDI guidelines for my age, education, etc.". I filed an appeal last week and submitted additional docs from Phyciatrist. Lyndenrider

All required forms for TDIU have been filed back in October 2009. I even had my ex-employer fill out their form, which shows I was "laid-off" due to inability to perform work due to SC disabilities. Also sent a personal letter from ex-manager explaining things. TDIU should be a easy thing to give me since I qualify at my current ratings. Well, nothing is 'easy' when it comes to the VA. We shouldn't have to fight [again] for benefits that we deserve, but that seems to be exactly what I currently am doing. Lyndenrider

Thanks for all the follow-ups on this. TDIU should not be an issue for me since my Phychiatrist has recently put that I am unemployable in my medical record. Just sucks all the hoops that a person has to go thru just to get benefits that they are intitled to. I know I am not alone in this, so thanks again everyone. Hope you all have a great Memorial Day! Lyndenrider

I'll go to any appointment they make for me. And I know all of this will be for the better. Just had to let off some steam, I guess. Thanks.

Well, here is an update and I was looking for a little advice... Recieved a call from the VA in Seattle and they stated that my file was moving to the rater. Then I get a call from them AGAIN [different person] stating that they need to schedule another exam because of a claim of Pain Disorder #9422, which I asked for BEFORE any exams were scheduled last year. I already had a mental C+P exam as well as a physical C+P exam back in February. Now they want to schedule another exam because of their error in missing my claim for Pain Disorder. I only filed for Pain Disorder because I was on Methadone and now I'm on Morphine for my SC knee problems, all thru VA doctors and well documented in my c-file. Should I get my p.o.a., the DAV, involved in this? Would this just cause more problems? I haven't worked for nearly two years and my TDIU/Incease claim was been with the VA since October 2009. Any advice would be great. I'm not sure what to do at this stage. As it stands right now, I'm looking at having to go thru another C+P just for my request of Pain Disorder. HELP! Lyndenrider

See the above red type for a few answers. Others will chim in with their opinions I'm sure. The way your situation sounds to me, if you can still work, then work. Once it becomes impossible to do, then stop working and file for TDIU and SSDI. You will need LOTS of medical documentation from VA Drs or your own private Dr indicating that your SC disabilities are what cause you unemployability. Just remember, the VA cannot descriminate because of your young age, but SocSec can. Also, the VA can only take into account your SC disabilities, whereas, SocSec looks at every disability you have. Hope this helps some. Again, I'm sure others will chim in. Lyndenrider

7 months seems like a long time to wait for a C+P Exam to be scheduled, but some RO's are very busy.... Try to be patient. If you are about to lose your house, you would need to talk to your POA rep and submit to him/her your foreclosure documentation, proof of no income, etc. Call immediately and find out what you need to provide! There is a 'Hardship' situation where a decision can be make very quickly, but you need LOTS of evidence to proof your dire circumstances. Thank a Vet for your Freedom! Lyndenrider

Well, went today and saw my VA PCP. For my chronic knee pain he kept me on Vicodin, but also added Methadone. Anyone out here taken this before? Isn't this for heroin addicts? For my OCD, he increased my Zoloft meds and now has me seeing a Psych doctor due to my increasing obsessive rituals. To help take strain off my knees he is prescribing me a cane to help me walk in addition the the two "unloader" knee braces I already wear. ( I'm only 37) And, because of my age, we are going to try Synvisc injections in hopes of extending the time until I need total knee replacements on both knees. On a sour note, he was not willing to write something indicating that I am 'not employable'. He stated that the raters will be the one to make that decision based on his exam report and the reports of the C+P exams. And on a happy note, I received a full copy of my VA medical record just 4 days after faxing in the VAF 10-5345a. I can only hope my TDIU claim gets completed as fast! (I know, joke of the year!) Any opinions on how this may effect my TDIU claim and SC increase claims? Lyndenrider

Thanks everyone for the assistance and support. On Monday I will be faxing a VAF 21-4138 to add "Pain Disorder, Diagnostic Code #9422" to my existing claim for SC increases and TDIU. I will also be sending VAF 10-5345a to get my complete medical record sent to me in the mail. I was not aware of this form until halos2 stated it. THANKS halos2! I know this will be a long process, so I do plan on making this my new 'job' since I'm not capable of working a real job. Thanks again everyone!