ptsd Tdiu

[olenavygoat]

I'm currently rated at 80% mostly due to the help by this site and sixthsense.

My ratings are;

30% PTSD with major depression

30% Max sinusitis

10% right knee (0% left knee)

10% Tinnitus

10% C-spine

10% Lumbar % T-spine

10% TMD/TMJ (Bi-lateral)

0% headaches

Presently extraschedular requirements for TDIU dictate at least a 40% rating among one of your ratings. USC Title 38, Chapter 1, Part 4, subpara's 4.15 and 4.8 goes on to read that there may be some room to negotiate 100% TDIU by extraschedular if there are substantial issues with "one single major body system".

I went from working a desk job ($27,000) that was getting to me mentally assisting other veterans with their issues to a job as a inventory manager which I failed at and was demoted to a shipper position (from $35,000 to $10 an hour). Unfortunately being employed, no matter the issues I have, the VA deems me employable. Naturally if I don't work my bills go unpaid, if I stop working I starve to death and lose everything I worked for over the past 30 some odd years!

I've gone from a position that made my mental issues worse to one that now aggravates my physical issues, which in turn, I lose sleep and never feel rested. Even using the IFC the VA issued for deep tissue pain relief, it's only temporary.

If anyone has a recommendation or a case reference that has been successful in obtaining TDIU I would love to receive same.

Thank you in advance for your time and indulgence.

[Philip Rogers]

olenavygoat - correction, please read 38 cfr 4.16.

pr

[cloudcroft]

"If anyone has a recommendation or a case reference that has been successful in obtaining TDIU I would love to receive same." -- olenavygoat

You can start searching here:

http://search.vetapp.gov/

...and here, too, since these decisions are very useful even though they are not precedent-setting, because they could help argue your case if it has to go to the BVA:

http://www.index.va.gov/search/va/bva.html

Good luck,

-- John D.

[jbasser]

Phillip, that is an excellent point. This item should be clarified and posted on Hadit home page. As I understand the regulation, 60 percent for 1 disability or a total of 70 percent with 1 disability at 40 percent.

Then the reg goes on to say that ratings of the same bodily system will be considered combined. A Vet who is Service connected at 30 percent for Heart disease and has a separate 10 percent rating for Hypertension would satisfy the 40 percent rule.

[sixthscents]

Absolutely, killer point jbasser. I have seen this again and again. The 40% rule is NOT absolute. There are several cases where it just wouldn't apply. Anyone who has a combined rating of 60% or more, no matter the individual ratings should file for TDIU. All they can do is say no.

[olenavygoat]

Sorry, yes did read 4.16 which speaks of what I listed about the percentages and combinations, did I miss something in 4.16 that may help Phil?. I stated it to the VA very clearly about PTSD w/major depression, TMD/TMJ, Max sinusitis and radiating pain from C-spine all being of one major bodily system. The VA still denied TDIU, stated that I still work.

I'll do some digging using the referenced material (thanks John/cloudcroft!). Thank you all for your expedient responses.

And my apologies for screwing up on your sign-on name Bob.

Sincerely,

Tom

[rentalguy1]

Ufortuneately you're not going to be able to get TDIU while being able to maintan better0than-marginal employment. If you could live off of part-time gas station wages, thn you might have a chance, or definately if you could quit work alltogether. Just not while working. They are using the reg against you on this....sorry.