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]

Phillip,

I know I sound as stupid as what ever.

The Non Service Connected Pension does state this:

It is a 10 page grant with the following listed.

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%.

These in VA math equal 90% both 10% was added for Unemployability

Effective 2003.

My paper does not have the break down of %. The lady in South

Carolina gave the break down.

Phillip, The NSC Pension states there was no record of treatment for

anxiety in service for anxiety.

In 2004, I wrote to the St. Louis Archives and acquired all of my "

Psychiatric Records never seen by the VA.

Filed a NOD to all claims for Service Connection for the Chronic

Anxiety.

Yes, Absolutely March 4, 2008, I have a grant of service connection

for Chronic Anxiety Severe with EED to 1992 by the BVA Judge.

Now, if the VA has already listed they found me Unemployable in the

Non Service Connected Pension with the Chronic Anxiety being 50%,

will this unemployability carry over the the Service connection for

the same illness.

Can the VA now go back and say, boy now you could have worked all

along?

Thanks,

Betty

Edited May 10, 2008 by Josephine

[Berta]

"The BVA Judge granted me Service Connection for Chronic Anxiety

Severe

and sent it back to Huntington to rate"

Some 2008 decisions are already posted at the BVA site but I dont think this one is yet-

Do you have a copy of that decision as to exactly how the BVA made the award?

Maybe there is something in that decision about the TDIU ????

The NSC pension decision only grants 50 % for anxiety.

I thought that the IMO you got covered the unemployability issue-

I forget what it said-but I thought it fully covered a total disability award.

I dont see how the AMC can go against the recent BVA decision.?

Have you posted it here already Josephine?

[Josephine]

Berta,

I have went to the BVA

site several times, but with both having the same docket number

the first one called " Acquired Psychiatric Disorder".

The one of March 4, 2008 is listed as " New and Material Evidence".

Both Dr. Muller and Dr. Lehmann make mention of my unemployability

and the why's I finally gave up in 1983.

Here is a copy of the letter by Dr. Crowley.

Introduction: On January 11, 2008, I saw Betty xxxx in my office for

independent medical (psychiatric) examination. She was accompanied by

her husband of 42 years. XXXXX. He met her in U.S. Navy Corps School

in 1963 at Great Lakes Illinois. He described her as then having been

a very attractive, youthful female, who took part in on-base

activities, but her hands perspired a lot and she was fearful of the

swimming pool.

Review of Medical and Personnel Records:

I have reviewed the following service medical records and personnel

records for this veteran, for the period when she was en-listed Navy

Corps Wave during the period of Mar. 15, 1963- May 1964.

Psychiatric Consultation by Dr. F. D. Jxxxx 12 March 1964, Dr. G

MCMxxxxx 27 March 1964, and a letter by Dr. B. C Campxxx, the

veterans military treating physician clarifying his shorthand of his

treatment for anxiety with Librium and Cafergfot for headaches.

The treatment records of Dr. George Smxx and Dr. Clarence Tayxxx,

his partner.

Although stated in the SSOC of December 7, 2007, to be illegible.

Dr. Georxxx Smxx. has written a letter of clarification of treatment

of this veteran.

The treatment records of Dr. Milxxx Kxx, 1975-1976 also stated as

illegible, I have read 4 letters by Dr. Michael Pxxx 4/5/04,

1/3/06/4/28/06, and 10/09/07 and reviewed the treatment records of

Dr. Michael Payxx August 1979 - 2007.

Medical History:

Mrs. XX is a 63 year old female whose medical conditions are: TIA,

Rheumatic heart disease, Hypertension, Diabetes, Anxiety, Depression,

Headaches, Hypothyroidism, and inner ear/Vestibular disease and de-

generative disc disease, Orthostatic hypotension.

Psychiatric History:

This veteran has a very long history of anxiety with depression, with

treatment beginning in service by Dr. B.C Cxxxx with medication of

Librium; treatment 1965-1979 with Dr. G. Smixx and Dr. Clarence

Tayxxx; Radford Psychiatrist, Dr. Miltxxx Kibxxx, 1975-1976 to 2007

with Dr. Michael Payxxx and she remains in treatment with Dr. Michxxx Payxxx.

Mental Status Examination: Mrs. xxxx presented in my office as a

pleasant, cooperative white female, appearing about her stated age of

63. She was in good contact with the examiner, understood the purpose

of this examination - independent evaluation, regarding veterans

benefits - and gave permission for me to write this report. She was

well oriented for time, place and person. There was no abnormality of

thought process or content. She spoke of having had much difficulty

with anxiety and depression over many years.

She reports she had no psychiatric difficulties whatsoever prior to

military service. Her file contains records related to her Honorable

Discharge due to unsuitability regarding emotional difficulties.

She spoke of chronic anxiety with depression over the years. She

became emotionally labile and tearful as she described some of her

experiences in the service and feeling like a disgrace upon leaving

the military. She has panic attacks, fear of driving a vehicle, fear

of the unknown, fear of heights and water, white -coat syndrome,

headaches, dreams of the stairs leading to the pool. She has night

terrors and is desperately trying to get her husband to wake her up.

She sleeps about 6 hours a day, but states this does not harm her

much;her hands stays visibly wet and becomes wetter as she talks

about her service time. There were some memorable upsetting

experiences in her Navy service including a near drowning, etc. She

has never bee able to have any gainful employment for any substantial

time since the military and had to give up and seek veterans

compensation in 1978. She last worked part time in 1983.

The veteran was given tranquilizer Librium by Dr B. C. Campxxx for

the treatment of anxiety as documented in her SMR'S and it is also

clarified in his letter of May 10, 2005, and has continued with

symptomatic treatment for anxiety for the last 44 years with the

physicians listed above.

After the brief evaluations by Drs. MC Mahxxx and Jones in March

1964, the veteran was deemed unsuitable for continuing military

service due to a Personality Disorder, and was discharged without

medical or other benefits.

Summary of Professional Opinion:

My review of the records show no documentation which would support

the diagnosis of Personality Disorder. There simply are no data which

would support that diagnosis under the criteria provided in the

Diagnostic and Stastical Manual of the American Psychiatric

Association. No psychological or personality testing was done. There

was never any showing of an " enduring pattern of inner experience

and behavior that deviates markedly from the expectations of the

individual's culture... is inflexible and pervasive across a broad

range of personal and social situations... is stable and of long

duration... (and) is not better accounted for as a manifestation or

consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly DID and DOES have, and

for which she has been treated for 43 years, is Anxiety Disorder.

The veteran had no childhood psychiatric, difficulties or treatment,

Her anxiety disorder began during her time in service. She has been

treated for anxiety disorder for 43 years by a number of physicians.

Diagnosis: 300.00 Anxiety Disorder, NOS,Chronic, Severe, with

Depressive Features.

This chronic, and in this veterans' case, disabling, mental disorder

first manifested itself while in service and has required treatment

ever since. There is no evidence to support the diagnosis of

personality disorder made in 1964 and used as a basis for her

separation from service.

Sincerely.

B. Cxxxx M.D. D.L.F.P.A.

Edited May 10, 2008 by Josephine

[free_spirit_etc]

This case is one where TDIU was denied - BUT it is DIFFERENT than YOUR case.

I am sending it because YOUR case DID have evidence in the file that you were unemployable - AND it SAYS you can file for TDIU either expressly OR implied - and it further says:

In Roberson, the United States Court of Appeals for the

Federal Circuit held that when a veteran submits evidence

of a medical disability and makes a claim for the highest

rating possible and additionally submits evidence of

unemployability, the "identify the benefit sought"

requirement of section 3.155(a) has been met and VA must

consider TDIU.[/

http://www.va.gov/vetapp03/Files/0300890.txt

This situation is unlike that in Roberson v. Principi, 251

F. 3d 1378 (2001).

In Roberson, the United States Court of Appeals for the

Federal Circuit held that when a veteran submits evidence

of a medical disability and makes a claim for the highest

rating possible and additionally submits evidence of

unemployability, the "identify the benefit sought"

requirement of section 3.155(a) has been met and VA must

consider TDIU. VA must determine all potential claims

raised by the evidence, applying all relevant laws and

regulations, regardless of whether a claim is specifically

labeled as a claim for TDIU. Here, there is no indication

whatsoever that the veteran was seeking TDIU in September

1995. In Brannon v. West, 12 Vet. App. 32 (1998), the

Court observed that while the Board must interpret an

appellant's submissions broadly, the Board is not required

to conjure up issues that were not raised by the

appellant. The Court has also held that an appellant must

have asserted the claim expressly or impliedly. See

Isenbart v. Brown, 7 Vet. App. 537, 540-41 (1995). Prior

to March 20, 1997, the veteran did not raise a TDIU claim,

either expressly or impliedly.

The Board additionally finds that there is no evidence

earlier than May 30, 1996 within the year preceding March

20, 1997 (or for that matter otherwise) which supports the

proposition that the veteran was unemployable due to his

service-connected disabilities.