hypertension Question And Help

[USArmy98J]

I am presently 50% SC for low back and knee issues. I have been taking Oxycodone for the past 5 years for pain and have now been put on Fentanyl patches (25 mcg/hr). In February I was sent to MHC by by PCP and was diagnosed with Major Depressive Disorder and had a GAF of 47. I was put on Citalopram and Temezpam by the shrink. I have not worked since Jan 2007 when the pain became unmanageable. I had a C&P on 14 Aug and the shrink said "all the depression is directly related to the back and pain issues" and the second doc I saw said basically it would be a premanent thing but meds would help to a degree and when I asked his opinion on employability he said "I feel it is rather difficult for employment while you are on these meds and you have to be on them".

Now the starange part. I did request an increased rating in late Februaruy 2007 for pain, depression, arthritis, and hypertension. Now what I don't understand is that I received a letter from my RO on 9 Aug and enclosed was the form for IU along with a request to complete and return it along with an authorization for my last employer (only worked there for 3 weeks) to complete.

It is my understanding that I would not qualify for IU based on a current 50% SC rating and I have no idea why the VA would ask me to fill out the necessary forms. This all happened prior to my C&P exam for the claim.

Can any of you guys/gals shed light on this as I am totally lost on this one..

Help an old Army 98J soldier understand what is going on and how/what I should do at this point.

Thanks in advance

Bill

US Army

98J

[Berta]

Bill ---Welcome aboard-

Many vets and unfortunately too many vet reps still think that a vet's SC rating has to be 70% or more to be considered for TDIU.

If the VA sees the 70% potential (and they correctly did in your case and this is why they sent the TDIU form to you)

they will grant based on the evidence of unemployability due to SC in most claims where the evidence (which you appear to have) is strong.

I got a vet with no SC at all -TDIU in 4 months.

The fact was his private medical records and meds were very probative as evidence that the VA could not disregard.

If a rep tells a vet they must be a certain % for VA to consider TDIU-the vet should send the VA the TDIU form themselves.

Your depression sounds secondary- and I suggest that under Remarks (Question # 25) you refer them to separate page and tell VA what you told us as to the pain issues from your SC disabilities.

You stated the shrink 'said' and the doctor 'said' statements which will definitely help your TDIU claim.

Did they put this all in writing in your med recs?

You can get a free copy of your VA med recs by writing to the records access officer at the VAMC that treats you- put your c file number on it- send it certified and get a tracking slip-and the records will reveal if they did document this probative evidence for you.

Sometimes shrink records are separate but they might well be in the Med rec packet you get.

TDIU is paid at the 100% rate- a BIG difference from 50% SC comp.

I would think the SC issues "aggravate" the arthritis and also the HBP unless they can be found as secondary-

It would be good to get a rating on these and pursue anything else you feel should be SC but in my opinion-you present a good claim for TDIU.

TDIU for single vet with no dependents is $2,471 per month- they add a little extra for your dependents-

Also I suggest that you check Yes on the disability retirement question on the 21-8940 TDIU form and then apply for Social Security disability-

you can collect both SSA and also VA comp at the same time (SSI -there is an offset)

VA TDIU os good evidence to help get SSA disability benefits and likewise- SSA for the same SC condition or disability is excellent evidence for TDIU.

Also if the pain meds cause you any serious side affects-tell the VA that too.

Edited August 20, 2007 by Berta

[USArmy98J]

Berta-

Thank you for your reply.

I have already filed for SS and that is pending. I just spoke to my Rep and my claim is at the review board and the Little Rock office moves fairly quickly so I should know something soon.

I have been reading (not posting) this board for 2 years now and I know the info provided has helped me put things together and get to this point and I can't thank enough of the "VA Vets" for the info that otherwise would not be disclosed.

I THINK I may be coming down the home stretch on this finally and will definately make a nice contribution to the board to help keep this resource available.

Bill

[KamiKappa B]

I too was under the impression that you had to be at least 70% to apply for TDIU. I'm at 50% (30 PTSD, 10 Back, 10 Feet, and 10 sinus), and have been out of work since June and have been going to VA appointments like crazy trying to get to 70% so that I could apply for TDIU. I really have to thank you guys at hadit for once again shedding light on things. I would still be in a fog right now, besides the PTSD, in regards to what i should be doing.

[john999]

Bill

I think the VA is considering you for TDIU and they want the official form to go forward. I would not be surprised if you did not get TDIU shortly after you send in the completed form. They don't just send you TDIU forms for no reason.

[USArmy98J]

John

I hope you are right. My VARO got the forms on 16 Aug and called my 17 Aug for a fax number of my last employer and said that was all they needed.

Bill

[Berta]

Kami Kappa- I too thought there had to be a certain percent but a few years ago when a friend of mine told me about a PTSD vet he knew with no SC-----who certainly could not work due to his PTSD-

I read the TDIU form very carefully and found that there was no criteria at all on it regarding having any VA SC % first as long as there was medical evidence that a SC disability was preventing employment.

I have been whipping out TDIU forms ever since.

I will attach one here-

# 18 tell them Yes -and then apply for SSA too-

(or if you get SSA already for same disability tell them that too)

# 25 Remarks- you can refer them to another page and then tell them about any SSA and also any side affects of the meds you take that would hinder employment- like do not take and drive, causes confusion-etc stuff like that. Also any vet who VA has turned down for Voc Rehab educational benefits-because of their SC disability should make sure the RO knows that too.

If a vet is not voc-rehabable---- he/she is not employable.

TDIU_form.pdf