diabetes Why A Tdiu Form ?

[Josephine]

I am being told that I should have filled

out a TDIU Form with my Form - 9 if I wanted to be considered for

Unemployability by the VA for the newly awarded service connection

for chronic anxiety.

No, I did not ask for it, for I had this in my records.

Could someone please expain to me why with this in my records, I

needed to do this?

Effective June 26, 2003, we have granted you a non service connected

pension.

You are unable to secure and follow substantially gainful occupation.

You are 59 years old, have a level of education reported as high

school, and last worked in 1983. The evidence shows you to be

disabled due to his disabilities of chronic anxiety/depression; 50%

headaches 10%; Vestibular condition/inner ear condition 30%,

degenerative disc disease L-4- L5 and L-5-S1 10& diabetes 20%;

hypothyroidism 10%;ischemic attack 10%; rheumatic heart disease 0%;

ortho-static hypotension 0%.

Dr. Crowley, the Forensic Psychiatrist, who did the Independent

Medical Opinion for me, said he would review all of my medical

records and write a letter listing the why's and the effects of my

medication.

I am totally lost.

Thanks,

Betty

[Josephine]

John,

For the VA to award me the Non service connected pension

and the counselor filling out all the papers in 1992,

wouldn't he have have filled out one then for them to know the last day I was unable to work.

By this statement?

You are unable to secure and follow substantially gainful occupation.

You are 59 years old, have a level of education reported as high

school, and last worked in 1983. The evidence shows you to be

disabled due to his disabilities of chronic anxiety/depression; 50%

headaches 10%; Vestibular condition/inner ear condition 30%,

degenerative disc disease L-4- L5 and L-5-S1 10& diabetes 20%;

hypothyroidism 10%;ischemic attack 10%; rheumatic heart disease 0%;

ortho-static hypotension 0%.

How did the VA know the year was 1983, for I did not have any C&P's until after this Pension.

I had the C&P's in 2004 and 2005.

Thanks,

Betty

[Berta]

They dont send it for NSC Pension award Josephine-

I dont get it- didnt they AMC tell you they awarded you 100% already?

The VA never acknowledged my husband's TDIU form at all-

he sent it in in early 1993 I think-

It was never mentioned or acknowledged as evidence -maybe they never even got it.

He was award 100% SC for PTSD and not TDIU-

so I am confused why they say you have to file it after they said you were 100% SC already.And gave you an EED already-So Why would they need it?

Does this make sense to anyone?

Edited May 9, 2008 by Berta

[Josephine]

Berta,

The AMC sent me a SSOC( denial), but when Kathy from the AMC called

me and advised me to waiver my 60 days for new evidence, said it was

in my best interest.

This was not true. This is where the words like, Dr. Payne alleged,

Pastor Burch alleged and etc.

They also stated my medical records from 1965 - 1979 were illegible.

This is when I sent a fax to Carrie Johnson and told her what

happpened and the Judge waited for Dr. Crowley's Independent Medical

Opinion.

The BVA Judge granted me Service Connection for Chronic Anxiety

Severe

and sent it back to Huntington to rate.

Where all it has been and who has changed what I do not know.

I was told the fast letter went out and it may have been changed

there, don't know.

The Huntington R. O is not wanting or someone is not wanting to give

me 100%.

I know when I went to my local Regional Office in 1992, this is what

the VA is saying, so we will leave it at that for now.

The Counselor filled out this TDIU Paper for I downloaded the link

John placed on the search and I printed it and I have filled that

form out before.

I had to have done it in 1992.

In order for the VA to know when I last worked, level of education

and etc, they had to get it off that form to grant that Non Service

Connected Pension for Chronic Anxiety.

I never kept in contact with the VA until that day.

The C&P yes, both mention I last worked in 1983 and why, but I

already had that pension.

How do I get the VA to acknowledge they have the TDIU Form.

It is the rating they are trying to knock down from 1992 to date.

They do not want to pay the retro.

Hope it makes sense now.

Thanks so much you guys!!

Betty

Edited May 10, 2008 by Josephine

[Ricky]

wow Betty I am really confused. Are you service connected or are you simply disabled with non-service connected disabilities?

The only answer I can come up with is you are in receipt of the AMC rating which continued the denial, however the BVA (which is totally different from AMC) has over turned that ruling and awarded service connection. I say this based upon your wording which includes: blah blah remains denied........ which appears to be the decision the AMC made on your claim which would then have been returned to the board for their action.

I would do as recommended below and call the 1-800 number or send in an IRIS and simply ask - as of today please tell me what my SERVICE CONNECTED disability rating is. Outside of that you are going to have to wait until ALL rating decisions have been issued and sent to you in writing. Until then it appears that you are getting bits and pieces of information from the various steps and levels within the VA which will run you crazy. Make the call Monday morning to see what they tell you about your rating. That could still be wrong as it appears that the BVA has forwarded your file to the VARO for their action which would be assigning the appropriate level (as they see it) of disability rating.

[Josephine]

Ricky,

You got it. The BVA Judge overturned the decision of the AMC and granted benefits with earlier effective date of 1992.

Sent claim back to the R.O for rating.

Now, does anyone know how the Non Service Connected Pension for the same Chronic Anxiety will come into play now that I have service connected the illess of Chronic Anxiety.

The Non Service Connected Pension has listed unemployability with Chronic Anxiety being at 50& and the other illness listed below.

That is the big question?

Does anyone know.

If the VA has this information in front of them and they have already stated you are Unemployable and have been since 1983.

Thanks,

Betty

[Philip Rogers]

Betty - a claim for SC compensation is also a claim for NSC pension and if both were awarded(obviously for different conditions) it is generally assumed that you want to be paid the higher benefit. If what you say is correct, in that a BVA judge awarded SC, someone is either really stupid or they love screwing w/you. Are you absolutely sure the BVA judge awarded SC, for chronic anxiety??? jmo

pr

Edited May 10, 2008 by Philip Rogers