diabetes Appeal Vs. Tdiu

[SEJones]

Well all I finally heard form the VA. The good news is they increased the rating the bad is I don't understand this 25 page letter. So I applied for ONE condition (SHML) and was awarded s/c. Then the problems started because there is no rating for the disorder. So a 2 year fight over what to call it that did have a rating. I thought since it is one disease that I would get the benefit of regular math not VA math. I was wrong. So here is how they broke it out to follow. They also denied several manisfistations of the disease. So should I appeal or just fill out the TDIU form. They did comment that they know that I have been on SSDI for same condtion since 2001. The SSDI award letter was part of my original claim in 2003. They said they could process the TDIU quickly. Should it go back to 2003 orignal claim date?

Thyroid 30

diabetes Inspidus 20

pulmonary fibrosis 10

surgery scar 10

Total 60% for 2003

Migraines 50 as of 2005

Total 80%

It seems that even if I win I will never get to 100% the way the math works eventhough they acknowledeged that this is one disease.

All comments welcome and needed

Thanks

SE

;)

[Dorothy Kansas]

SE,

Thyroid 30

diabetes Inspidus 20

pulmonary fibrosis 10

Are you able to get an increase on the pulmonary fibrosis. I believe you can get 100 percent itr depends on your DLCO.FEV-1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac atheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy...100

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit)...60

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; DLCO (SB) 56- to 65-percent predicted...30

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; DLCO (SB) 66- to 80-percent predicted...10

Forced Vital Capacity (FVC) less than 50-percent predicted, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation, or; cor pulmonale or pulmonary hypertension, or; requires outpatient oxygen therapy...100

FVC of 50- to 64-percent predicted, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation...60

FVC of 65- to 74-percent predicted, or; DLCO (SB) of 56- to 65-percent predicted...30

FVC of 75- to 80-percent predicted, or; DLCO (SB) of 66- to 80-percent predicted...10

[Guest Berta]

Well all I finally heard form the VA. The good news is they increased the rating the bad is I don't understand this 25 page letter. So I applied for ONE condition (SHML) and was awarded s/c. Then the problems started because there is no rating for the disorder. So a 2 year fight over what to call it that did have a rating. I thought since it is one disease that I would get the benefit of regular math not VA math. I was wrong. So here is how they broke it out to follow. They also denied several manisfistations of the disease. So should I appeal or just fill out the TDIU form. They did comment that they know that I have been on SSDI for same condtion since 2001. The SSDI award letter was part of my original claim in 2003. They said they could process the TDIU quickly. Should it go back to 2003 orignal claim date?

Thyroid 30

diabetes Inspidus 20

pulmonary fibrosis 10

surgery scar 10

Total 60% for 2003

Migraines 50 as of 2005

Total 80%

It seems that even if I win I will never get to 100% the way the math works eventhough they acknowledeged that this is one disease.

All comments welcome and needed

Thanks

SE

;)

[john999]

SEJones

Your TDIU will probably go back to one year from the time you apply for it. The VA probably won't do this on their own without prodding from you.

[Angela]

SE Jones,

I would reply and ask them to process the TDIU as soon as possible. Once you have the TDIU, if they don't backdate the award to when you originally applied, appeal on the grounds that the fact that you included the SSDI award letter in the original claim should have been considered a claim for TDIU at that time.

[SEJones]

Thanks

I did go and apply for the TDIU. My SO said it should go back to my application date and that it only takes a few weeks to process and collect the back pay. Is this true? It took 18 months to get my DRO which took me form 10% to 80% with adding any new evidence. Go figure. Should I get ready for a long wait? My SO did not even know that I had a decision and he is across the hall form the VARO. He said I got a SOC and not an award and that they were waiting for the TDIU form to complete the award and imput to the computer. Does that sound right?

SE ;)

[john999]

SEJones

Your sending in the TDIU form is like opening a new claim. The VA will have to make a decision on your request for TDIU. This could take some time. I was awarded 70% but denied IU. I had to supply more evidence for a grant of IU. The VA should have considered IU when they granted your 80%. Did the SOC state you had been denied IU?