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Berta
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Hi Berta,
Currently Im SC at 90%, and have been for over 3 years. (70% PTSD, 50% Sleep Apnea, 30% IBS and 20% hemorrhoids). I only work 15 days a month and I have a pending claim for headaches secondary to PTSD. I have submitted all of the treatments for my headaches over the years along with what I think to be decent notes from my wife, neuro doctor, and a headache diary.
My claim has went from GOE to PFD back to to GOE and the PFD and so forth for over 8 months. I had a exam with QTC doctor about six weeks ago for my frequent headaches and today I see this notice on my ebenefits:
"You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability."
As of today, I'm back to the GOE stage! I don't want to apply for TDIU yet bc Im eligible for retirement in the next two years and Im only scheduled to work 15 days a month. I was never offered to apply for TDIU with my 70% PTSD rating.
1) Could this be that I'm getting a new rating for my "pending" headaches that may take me to 100%? OR
2) If I don't complete the TDIU form, will my entire claim may be denied or have a negative impact on me?
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I received the offer to apply for TDIU when I was increased to 70% PTSD. This was in 2016. Check your decision letter, it might be in there.
1.) Probably, but ebenefits is an unreliable source until you see the change or no change in your disability % on there. The most reliable source is the decision letter we all receive in the mail.
2.) You can apply for TDIU at anytime, from my understanding.
I've provided rating criteria for Headaches.
Migraine Headaches
Code 8100: Migraine headaches are a type of headache caused by the swelling of the blood vessels in the brain. They are often more severe than other kinds of headaches (stress, sinus, etc.), and so interfere more with the individual’s ability to work and function in daily life. If another kind of headache interferes significantly with daily life, it can also be rated here.
Two things are taken into account when rating migraines: frequency (how often they occur) and severity (how bad they are). To receive a proper rating, it is essential that the physician records these clearly along with how they affect the individual’s ability to work and function.
The term “prostrating” means that the individual must stop all activity, take medication, and either seek medical attention or seclude himself for the rest of the day. The individual is unable to perform any occupational or daily activities either because of the migraine itself or because the migraine medication makes him too drowsy, etc.
The ratings for migraines only go up to 50%. The Rating Authorities, however, can give a higher rating if the case is so severe that 50% doesn’t truly reflect the disability. It is completely up to the Rating Authorities, however, exactly what makes a condition severe enough to warrant a higher rating.
Frequency
Severity
Rating
2 or more times per month
Prostrating
50%
Once a month
Prostrating
30%
Once every 2 months and prostrating
Once every 3 months or less
Prostrating
0%
If the condition does not make occupational activity impossible, then it cannot be rated more than 0%.
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