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.

[cowgirl]

olenavy and danang. Have you filed for SSI or SSDI? That may help also.

(I am hoping to file again for SSDI come spring, workin' when able to get quarters needed, hope health holds out! Meanwhile, I did file for mdd increase, I havent had a job "except temp day jobs" since my retirement, mostly unemployed all those years due to my disability. Nope, dont make SGA here)best to ya,cg

Edited December 11, 2007 by cowgirl

[steve&pat]

HI--

LIKE COWGIRL SAID---have you filed for SOCIAL SECURITY DISABILITY YET--- WHY WAIT ?

SEE MY POST TODAY DEC.25 UNDER--- Can You Still File=

THIS MAY GIVE THE VA MORE INCENTIVE TO DO THERE JOB====

STEVE

[sixthscents]

My how far you have come oldnavygoat..... I feel like Obi-Wan and look like the frog guy... can't remember his name - the one in the swamp.

Give me a call.

[sixthscents]

Um.. yeah I understand the Social Security but if you are working at above minimum they are going to shoot you down again. I have watched to many claims go thru your local office oldnavygoat, and every single time if the person is working above the welfare limit it's denied. At some point you are going to have to bite the bullet and decide if you CAN keep working... and make your decisions from there.

The short answer is if you are working you can work - according to the VA that is. You have sufficient rating to get TDIU... but you're gonna have to become unable to work before they'll approve your claim...

Waiting time for a claim like yours at Nasville VARO is 3-6 months. I suggest you plan for a year though.

[Ricky]

My how far you have come oldnavygoat..... I feel like Obi-Wan and look like the frog guy... can't remember his name - the one in the swamp.

Give me a call.

Bob good to see you up and typing.

[john999]

I think you need 40 quarters to file for SSDI, but I am not sure about that. Your military time counts towards SSA. I would call SSA and ask them about this to be sure you are not screwing yourself by not filing.