tdiu Tdiu

[dolfanbls]

I am 40%SC but am recieveing a Medical retirement from OPM. I am a former VA Employee and was unable to perform my duties as a Biomedical Enginneering Specialist.

Pain Management doctor wrote:

Mr. XXXXX is a paitient who is being seen in my office for various medical conditions. These diagnoses include degenerative disc changes in the lumbar spine atl L4 and L5-S1, as well as chronic radiculopathy in the lumbar spine: low back pain: and deconditioning.

These conditions are permanent in nature and they are not expected to improve signifantly. He does take mediciations to try and with some of the symptoms related to these conditions.

Due to this patients condition, I would recomend that he avoid repetitive bending @ the lumbar spine and avoid lifting greater than 20 lbs. He should avaoid being on his feet 1-2 hours at a time.

I recieved my retirememnt due to Degenerative Arthritus of the spine whick I am service conected for.

Just wondering what my chances would be. I will be putting in for increases on some of my conditions and adding a one for Depresion due to chronic pain.

[Teac]

Teac, you are 100% correct, that they can award TDIU without meeting the minimum requirements laid out in the reg, but they hardly ever do it. If you were awarded TDIU without first meeting the requirements, then consider yourself lucky. You are the exception to the rule that the VA never gets it right the first time. You don't need to look any further than the BVA decisions to prove this fact.

Rental,

You might want to Go back and read what I said again.

My rating was increased at the same time I was awarded TDIU.

In my case, in order for the va to award TDIU they had to increase the award on my back to 60% and then awarded TDIU.

I agree it is almost impossible to get an award of TDIU unless you meet the minimum requirements, and almost every time the va will bump up the disability rating just to award TDIU.

[john999]

Teac

I got SSDI first and within a month I got OPM disability retirement. The VA rated me 70%, but denied TDIU. My OPM, SSDI were both for SC connected condition. When I applied for TDIU the VA found half a sentence in one of my doctor's reports mentioning another condition I had that was not SC. The VA then said that even though I was 70% for SC condition the reason I could not work was for the NSC condition. It took another appeal to fix that. When you get OPM you can still work and make up to 80% of your federal salary before the OPM reduces your disabiilty retirement. When I filed for TDIU I was only 30%. They did bump me up to 70%, but still denied me at first.

[Teac]

Teac

I got SSDI first and within a month I got OPM disability retirement. The VA rated me 70%, but denied TDIU. My OPM, SSDI were both for SC connected condition. When I applied for TDIU the VA found half a sentence in one of my doctor's reports mentioning another condition I had that was not SC. The VA then said that even though I was 70% for SC condition the reason I could not work was for the NSC condition. It took another appeal to fix that. When you get OPM you can still work and make up to 80% of your federal salary before the OPM reduces your disabiilty retirement. When I filed for TDIU I was only 30%. They did bump me up to 70%, but still denied me at first.

John,

Sounds like they hosed you. I know that not all cases are resolved in the same mannor expecially from regional office to regional office. I'm glad you got yours in the end.