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Increase In Disability

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jan

Question

How does the VA justify giving a C&P for an increase if you never had a rating before.

Had a C&P today for feet and ankles and was told and shown paper stating it was for

an increase for disability. I'm sure not going to argue with them since I did file in 2006

with an IMO. Maybe they thought I had it before when they did my PTSD which I got

50% back in April with retro to 2003. My rater was very nice and he stated on the paper

that I am unemployable. Hope something good comes of this.

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Jan -it sounds to me like the VA is doing the Right thing!

In your case it looks like they have inferred TDIU-

if your SC condition -( regardless of any % they had rated you on before) has rendered you unemployable-you are eligible for TDIU (the 100% comp rate).

Maybe the rater even cued the past decision-hard to say-

did you ever file a 21-8940 TDIU form?

There are actually men and women who works for VAROs who will do all they can to properly award veterans.

I gripe about the ROs all the time but I sure know they do have smart people who make the right decisions-

it is just that we dont have access to RO decisions and many vets get the right comp and never join Vet web sites where vets are having claims problems.

I think if a rater says you are unemployable and it is due to your SC then that is TDIU!

Berta I really like to read everything you write. You have been there and done that. I certainly hope they (VA) get off their high horse and give you what is do. Now dumb question. If they give

me at least 20% do I add that to my 50 and apply or hope they award it to me with the Dr's word

from the C&P?

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Jan VA does funny math- if they add it to the 50 they could come up with 60%- in my opinion-if I were you I would send them the TDIU form now- TDIU can cut through much BS and this will preserve your earliest effective date for TDIU unless the rater has determined that date.

I will attach the 21-8940 form- # 18, check Yes and apply for SSA benefits-

# 25 Remarks, you can refer them to additional page, put ypur C file number on it, name, address etc and tell them that the above doctor stated you were unemployable, and tell them anything else that would support unemployability:

if your SC meds have side affects that prevent one from working like-do not take and drive, causes confusion, drowsiness, etc-and tell them if VA Voc Rehab ever turned you down due to your SC-

any other factor you could think of would help-too.

ooops cant post the TDIU form here-will in next post

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Forgot to ask- do you get SSA benefits now and are they for the same condition?

If so make sure the VA knows this and tell them this under Remarks, and you can even attach copy of the SSA award letter if you have it.

TDIU_form.pdf

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Forgot to ask- do you get SSA benefits now and are they for the same condition?

If so make sure the VA knows this and tell them this under Remarks, and you can even attach copy of the SSA award letter if you have it.

I started drawing SSDI in Jan 03. Starting Next month I will turn (65) and they will start my SSA

which is more than the SSDI. Thanks for the info and I can get a copy from our local office.

Thank you very very much.

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