Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
tdiu Finally A Little Progress
Rate this question
-
Similar Content
-
- 0 replies
- 465 views
-
- 0 comments
- 1,891 views
-
- 11 answers
- 845 views
-
- 5 answers
- 934 views
-
- 12 answers
- 1,056 views
-
Question
huskerfanfl
I have not posted in a while so I thought I would give you all an update. In Aug 2008 I was hospitalized with chest pains. When I went to return to work the pains started up again and I realized I was having panic attacks so I resigned and applied for TDIU. Earlier in August a Behavioral Health C&P was conducted because I had requested an increase last March. So, they schedule me for another two C&Ps, one for my tinnitus and another for general health because I had put joint pain on the TDIU form as well as mental health issues. In December I got my decision letter. Increase from 10% to 30% for the right shoulder and everything else was the same. Denied TDIU, mental health not included because an appeal was "pending". My rate remained at 80%.
This confused me since I did not have my depression under appeal so I sent a message via Iris. We exchanged messages for a few days. Finally I was told that my depression had been on appeal but was closed out on July 1, 2008. Now I was really confused. If the appeal that I did not request was closed out on July 1 why was mental health not included in the TDIU that was filed for in August? Why did they send me to a C&P in August for behavioral health when I had no claim pending?
So, I sent the VA a letter pointing these things out to them and told them since they would not own up to their mistake I guess I would just request another increase for my depression. A few days later I get a letter telling me I had a C&P scheduled for my eye. I thought, wow, maybe they actually figured it out. So, I went to the C&P examination for the eye. I also sent a letter requesting a DRO review on the TDIU decision based on the fact that I had not filed for an appeal of the depression and that the VA said the appeal was closed out on July 1 so at the very least mental health should have been considered for the TDIU. This was sent the end of January.
I heard nothing else from the VA after I received the letter stating that they had received my appeal. I asked about the issue via IRIS and through my AMVETS rep and was told that the issues were pending. I also had not been scheduled for another behavioral health C&P.
Yesterday I received an email from my AMVETS rep with received decision in the subject line.
Depression increased from 30% to 70% effective Mar 10, 2008, compensation for lest eye increased from 0% to 10% effective January 8. Overall rating increased to 90%.
My file was then sent to the appeals board.
I am somewhat surprised that the VA had actually fixed their mistake. Hopefully the other(TDIU) will be fixed soon. Of course I am still waiting on the decision letter but it appears there is light at the end of the tunnel. I also need to reapply for SSDI which was denied largely because the VA had not gotten this right the first time.
Tim
Vet and proud of it
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Mar 17
3
Top Posters For This Question
Pete53 1 post
Josephine 1 post
huskerfanfl 1 post
Popular Days
Mar 17 2009
3 posts
2 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now