tdiu How Do I File For P & T

[Cherie33]

Hi all,

It's been a while since I corresponded here, but I have a question. I have had 3 seizures in the past 2 to 4 weeks, and I was actually hospitalized for a few days after my second seizure. The doctors believed that one of my (depression meds) was the cause. They took me off of it and started me on an anti-seizure medication. I have been TDIU effective June 2007 and I wanted to know if I should file for total and permanent. I can't drive and there are a few other things that I need help with. I have headaches, dizziness and nausea most of the time. I am still waiting on a Social Security Disability ALJ hearing. What should I do?

Thanks,

Cherie33

[cowgirl]

Cherie, I am not sure. Do you have a vso? its possible that all it will take is a request for increase for unemployability. Maybe someone else can pipe in.

I found permanent IU described in 38cfr pt.3

Total disability may or may not be permanent.....permanence of total disability will be taken to exist when such impairment is reasonably certain to continue through the life of the disabled person

.

Best to ya,

Cg'up2009!

[carlie]

Hi all,

It's been a while since I corresponded here, but I have a question. I have had 3 seizures in the past 2 to 4 weeks, and I was actually hospitalized for a few days after my second seizure. The doctors believed that one of my (depression meds) was the cause.

If the doctor will write a nexus that your RX med's that are taken for your SC'd depression

is causing seizure's - it could be rated as a secondary condition. BUT - since the doc thinks this med caused your seizures you will definetly be off that medication as you stated and should not continue to have seizures - if that medication was the true cause of the seizures.

Which medication for depression does your doctor feels produced this side-effect ?

They took me off of it and started me on an anti-seizure medication.

Which seizure medication did they start you on ?

Have they done an EEG ?

Did you have petit or gran mal seizures ?

A thorough study of all material in Sec. Sec. 4.121 and

4.122 of the preface and under the ratings for epilepsy is

necessary prior to any rating action.

8910 Epilepsy, grand mal.

Rate under the general rating formula for major seizures.

8911 Epilepsy, petit mal.

Rate under the general rating formula for minor seizures.

Note (1): A major seizure is characterized by the generalized

tonic-clonic convulsion with unconsciousness.

Note (2): A minor seizure consists of a brief interruption in

consciousness or conscious control associated with staring or

rhythmic blinking of the eyes or nodding of the head

(``pure'' petit mal), or sudden jerking movements of the

arms, trunk, or head (myoclonic type) or sudden loss of

postural control (akinetic type).

General Rating Formula for Major and Minor Epileptic Seizures:

Averaging at least 1 major seizure per month over the last 100

year.......................................................

Averaging at least 1 major seizure in 3 months over the last 80

year; or more than 10 minor seizures weekly................

Averaging at least 1 major seizure in 4 months over the last 60

year; or 9-10 minor seizures per week......................

At least 1 major seizure in the last 6 months or 2 in the 40

last year; or averaging at least 5 to 8 minor seizures

weekly.....................................................

At least 1 major seizure in the last 2 years; or at least 2 20

minor seizures in the last 6 months........................

A confirmed diagnosis of epilepsy with a history of seizures 10

Note (1): When continuous medication is shown necessary for

the control of epilepsy, the minimum evaluation will be 10

percent. This rating will not be combined with any other

rating for epilepsy.

Note (2): In the presence of major and minor seizures, rate

the predominating type.

Note (3): There will be no distinction between diurnal and

nocturnal major seizures.

8912 Epilepsy, Jacksonian and focal motor or sensory.

8913 Epilepsy, diencephalic.

Rate as minor seizures, except in the presence of major and

minor seizures, rate the predominating type.

8914 Epilepsy, psychomotor.

Major seizures:

Psychomotor seizures will be rated as major seizures under

the general rating formula when characterized by automatic

states and/or generalized convulsions with unconsciousness.

Minor seizures:

Psychomotor seizures will be rated as minor seizures under

the general rating formula when characterized by brief

transient episodes of random motor movements,

hallucinations, perceptual illusions, abnormalities of

thinking, memory or mood, or autonomic disturbances.

I have been TDIU effective June 2007 and I wanted to know if I should file for total and permanent.

Since you are already paid at the 100% rate I do not see where another rating of 10 % would be of any help.

These seizures you have had recently are most likely a temporary medical problem,

so I do not think this would be helpful in trying to get your rating made P&T.

I can't drive and there are a few other things that I need help with.

This also along with the seizures - if caused by the medication, would also

be temporary. What else do you need help with ?

I have headaches, dizziness and nausea most of the time.

What does your doctor attribute this to ?

I am still waiting on a Social Security Disability ALJ hearing. What should I do?

I hope your SSA claim is granted by the ALJ as Fully Favorable.

carlie

[carlie]

The way I read it and remember she is already compensated at 100%

due to being granted TDIU in June 2007.

What she wants to do is get granted P&T.

carlie

[poolguy11550]

I have been IU since June 2007 (effective date). What kind of evidence do I need to be awarded P & T? I have Major Depressive Disorder (50%) I have IBS (30%) = 70% + IU

I have also been having seizures, which most doctors think it was a result of one of the depression medication that I have been on for 3 years.

What should I do?

Thanks,

Cherie33

Do not send any evidence.

Do not claim anything.

Write the R/O via cert. mail or hand deliver. Ask kindly for clarification on the June 2007 decision in regards to being permanent and total at the 100% IU rating.

This may every well prompt the R/O to send a letter out to you with the specific wording indicating the PT.

Edited March 5, 2009 by poolguy11550

[carlie]

poolguy,

Great idea - if P&T has not yet been awarded - is it possible someone

at VA will take it to a decision maker for a look-see ?

carlie

[poolguy11550]

poolguy,

Great idea - if P&T has not yet been awarded - is it possible someone

at VA will take it to a decision maker for a look-see ?

carlie

Correct Carlie, It is not a claim but rather a request for a clarification. Most likely the request will be forwarded to the post determination team for the clarification. This skips the development process as well as the rating process. Its been my experience that most get the specific wording needed for the TD.

Edited March 5, 2009 by poolguy11550