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Advice Needed

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ruby

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I submitted a change in dx and a secondary to this change in Feb 07, I still haven't heard anything from St Pete, Varo, its been with the rater since April so I am told.On Aug 8th 2008 I submitted a new claim for PTSD.I had my MRI of my neck, went to the Doc today my MRI is worse then what was reported according to the Rheumatologist. He agreed my headaches are secondary to the MRI results (arthritis) and documented that I have prostrating headaches greater than 3 a month see MRI results. He also is putting me in a soft collar to try and help with the headaches. He is hinting I need surgery, said my weakness and pain in my arms are due to my arthritis (MRI), he ask me if I had problems with my equalibrium, which I do, I told him I thought it had to do with my meds, he said more than likely its the impingement in my neck.DO I file a 3rd claim for headaches and radiculopathy now. Remember I have 2 claims there now, if I wait to file it could be a year or more before I hear about the current claims.Thanks your opinion.Ruby

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Ruby-you clearly present a severe disabling picture- have you formally filed for TDIU?

Is this what they are considering now- a TDIU application?

The VA will only be triggered to send a 21-8940 TDIU app to the vet when the overall rating is 70% or greater- BUT a vet even with no SC at all-with medical evidence can get TDIU.

I tested that years ago- with a vet here in NY who only had private treatment records but we attached them to the TDIU form and within 3-4 months he was awarded TDIU.

The fact that the decision was fast isnt too surprising- the RO had no VAOLA to read over- the private doctor has the correct diagnosis, the vet was combat veteran, (had CIB I think),and the doc said he was unemploable due to his PTSD.

A TDIU form can cut through so much BS----

a vet can claim many SC conditions hoping to get the rating high enough for them to consider TDIU or the vet can apply for TDIU right from the git go- and this way the vet preserves their earlier effective date for TDIU.

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Berta, they sent me a TDIU form a few months ago and I ignored it pretty much, I wrote back and said according to regs I do not qualify for TDIU so they denied it. It was a referred claim I guess, I never asked for it. So I think since it was denied I would have to appeal that decision. I really want P&T primarily for the property tax exemption, my taxes are 6,000/yr not having pay that would make my life alot easier.

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Ruby -I strongly urge you to file the TDIU form-

and apply for SSA-

On Question # 18 say Yes and then go to the SSA web site to see if you qualify (there is a work credit criteria as well as disability criteria)

On Remarks # 25-you can refer them to a separate page-make sure your C file nu,ber is on it and your name and address and tell them anything that supports TDIU-such as what the doctor said,what side affects from your meds that would prevent employment, -if you were ever turned down for Voc Rehap due to your SC tell that that too-

and ask them to consider you for TDIU.

VA did the right thing-they saw the potential to award you TDIU-

you could refer them to your letter and say you thought your rating precluded your being considered for TDIU -but you have since learned that it is the medical evidence of unemployability that awards TDIU.

TDIU is paid at the 100% rate of compensation.

Also it can open the door to state tax benefits- and with P & T-if they award that too- CHAMPVA for your dependents as well as Chapter 35 educational benefits for them.

TDIU_form.pdf

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Ruby,

I agree with Berta on the TDIU and if you have never filed a completed TDIU form

VA will probably tell you at some point that you never applied for it,

although inferred could be iffy.

I would fill out and submit the TDIU form, I thought you had submitted one already.

jmho,

carlie

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Ok, here is what my decision says December 2007SC for depression---SC may be granted for a disease or injury which resulted from a sc disability or was aggravated thereby. The evidence does not show that depression is related to the sc condition of arthritis, cervical spine, nor is there any evidence of this disability during military service.-----Service treatment records are negative for depression.----Tampa VA records from Feb 17, 2007 indicate you requested anti-depressant medication.-----Then the reason doubt paragraph----Based on the evidence of record, there is no compelling medical testimony or substantiated opinion that this claimed condition was incurred in service or aggravated by a sc condition-----Entitlement to IU entitlement to IU is denied because the claimant has not been found unable to secure or follow a substnantially gainful occupation as a result of SC disabilities. 38 CFR 4.16 et etc--The percentages are set aside only when the evidence clearly and factually shows the veteran has been rendered unemployable soley due to sc disabilityes regarless of thier individual and combined percentages. then it gos on about extra secular compensation and this claim wasn't submit for extra secular. I really don't want to appeal it will take years I would rather file a new claim--besides I don't think I qualify as not all my health issues are SC at this point.

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2 part answer, I hate not being able to keep my paragraphs------I applied for SSD and recieved it. I need to get a copy of why they granted it and submit it to the VA. I just called the VA and ask for a status and suspend date, they said they had a meeting and they will not release the suspend date. Then she said Oh I see we are beyond the 155 days for the first claim. Then she said that they recieved my medical evidence to support my claim Aug 11, 2008 and that claim is with the rater----I now the 1-800 people don't know whats going on but then again maybe the predetrermination team is confused. I told her that was a new claim for PTSD, she then put something in the computer saying I was amending my first claim to include the PTSD claim. I wasn't doing that, but she wouldn't listen to me.---I had no evidence to submit for PTSD in Feb 07---I hope this doesn't hurt my claims.----I guess I will file for IU and for an increase for the cervical arthritis along with secondary bilateral radiculopathy and migraine headaches.

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