tdiu Advice On How To Best Proceed With My Claim

[John Purser]

Hello. I've posted here before and followed the advice I've received. Now some things are coming together and I need to know how to take the next step.

GOAL: TDIU

PLAN: Apply for increased disability (20%) for the nerve damage to my leg while keeping the 40% for my back giving me 60% disability from one injury. And apply for disability due to depression. From the charts I've seen on here I seem to fit the 50% rating easily.

REALITY: An Army jump accident 20 years ago screwed up my back and has left me with 20 years of worsening chronic pain and nerve damage as well as made my depression worse. Today I'm restricted to a recliner for about 16 to 20 hours a day. I lost my last job over 2 years ago and my inability to move about, sit up, and focus keeps me from earning a living or having much of a life at all. I'm currently living off the small amount of disability I get from the VA and bumming money from my girl friend and family. I've filed a claim for SSD but will have to wait until next April or so for the hearing.

CURRENT VA DISABILITY: 40% for my back injury alone.

VA DISABILITY CHANGES: At one point I had 20% for my back and 20% for the nerve damage to my right leg which has numbness, doesn't always do what I tell it to, and occasionally collapses a bit on me. After one attempt to increase my disability level the VA declared my leg "cured" and my back worsened to keep my disability the same. I had further tests done through the VA and the nerve damage was still there. Duh.

REPRESENTATION: I'm doing this myself. My last two VFW representatives told me to pull absurd stunts, told me to file fraudulent claims, don't appear to understand the legal requirements for TDIU, and missed a deadline for filing a notice of disagreement. I can screw this up by myself and making office visits hurts so I'm dumping them.

CURRENT EVENTS: I applied for a copy of my C-file about 7 months ago. There is a 9 month back log for copies of the file from the Seattle office so the wait should be about over if the back log hasn't gotten worse. I've FINALLY found a doctor who will prescribe bed rest for back pain (last three doctors refused to do so under any circumstances saying bed rest is not warranted for someone who's bed ridden with pain!) and if my new insurance will cover her clinic I'll be going back to her. Also my VA psychiatrist entered a case note saying that my back condition was making my depression worse.

QUESTIONS:

A) Should I wait for the copy of my C file to arrive before I do anything? This makes good sense to me but I hate waiting if I don't have to.

B) Can I apply JUST for the additional disability for my leg and depression without throwing the back into it? I don't want to let them shuffle the percentages around again.

C) Should I apply for TDIU at the same time I apply for the additional disability for my leg and depression or make that a separate claim after I get the results of the other claims? Right now I don't meet the legal requirements for TDIU (just the reality ones).

D) What am I missing? Seriously, I think I've got a goal and a plan but if I've dropped the ball somewhere let me know.

Thanks for the help.

[John Purser]

Questions:

The "three VA psychiatrists diagnosed depression, PTSD, and bi-polar disease",

Did they put it in writing and provide a nexus to service for each with Medical

Rationale to support their opinion ?

My claim would be for the MH disability that I had the most Medical Evidence on

to connect it to military service. VA only compensates for one MH Disability, so

that's why my claim would be for the one I had the most solid evidence for.

The one that states,"the 20 years of pain and my current inability in move about was making

my depression worse."

Have they put this in writing ?

carlie

Carlie,

I've had three VA psychiatrists and they don't seem to be in complete agreement on what exactly is wrong with me. I'm not sure how much of this is just not knowing what they're doing, or me not presenting clearly, or them being afraid to disagree with the person who came before. To make it worse my civilian psychologist strongly disagreed with all but the depression. I don't know what the hell is wrong with me but I DO know that something occasionally grabs me and shakes like a terrier grabs a rat. I get thrown into an emotional dungeon where it physically hurts just to live and I may be there a half a day or maybe a week. And on top of that my memory STINKS and I can't focus for squat. I used to "treat" this with a long walk and/or a bottle of bourbon but my back stops me from the first and AA stops me from the second. These days I just try to keep the pain limited to me.

Sorry. Whining.

Per the advice below I'm going to get a copy of my med records and see exactly what they've put in writing. My last psychiatrist visit the doc put in writing that my pain was making depression worse. Looks like that's my best bet. Thanks for your tip. I definitely won't "shotgun" my complaint now.

[carlie]

John,

You posted,

"Per the advice below I'm going to get a copy of my med records and see exactly what they've put in writing. My last psychiatrist visit the doc put in writing that my pain was making depression worse. Looks like that's my best bet. Thanks for your tip. I definitely won't "shotgun" my complaint now."

John, if you are seeking VA Comp for the depression, as secondary to a currently SC'd

condition, (back & pain), the doctor needs to put this in writing.

For the doc to write your pain is making your depression worse, if your not already SC'd for depression this statement won't be much help to get depression SC'd.

The doctor needs to write something like,

As shown in progress notes dated XX-XX-XXXX, veteran is being treated for depression.

In my Medical Opinion I find it as likely as not veterans depression is related to the pain he experiences due to his service connected medical conditions of XXX,XXX.

Do you see the difference here I'm trying to show you ?

The goal you want from the doctor needs to be:

Not that the pain is making your depression worse (because the depression is not yet SC'd)

BUT

That the pain is the cause of your depression.

Hope this helps a vet.

carlie