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When To File For Tdiu

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divine

Question

Hello everyone,

My name is Monica(divine).

I have been away for awhile but I need some assistance with my claim. I am presently 50% sc for migraines(30%), patellofemoral syndrome(10%), cervical strain w/ degenerative disc disease(10%), and thoracic/lumbar strain with degenerative arthritis(10%). In March 2008, I applied for an increase in service connection for Migraines which are currently rated at 30%. I have had daily headaches since November 2007 and at the urging of my VA PCP was advised to submit a claim for an increase in compensation. In October 2008, I was advised by my VA PCP that I should consider leaving work since sc conditions were impairing my ability to work. I was working for the VA and had taken the 12 weeks of FMLA in an attempt to regain controll of the migraines. The 12 weeks came and went with no resolve and I was placed on light duty by my PCP which stated that I was unable to work due to prostrating migraine attacks. Since submitting my claim for an increase I have lost my job with the VA due to my sc conditions and have recently been approved for disability retirement through the VA. I have also applied for social security disability(still pending). I contacted the Nevada Regional Office and was advised that my claim is in the final ratings stages as I had also applied for sc for several other conditions to include depression/anxiety secondary to the migraines. My question is should I wait until I receive a decision letter to apply for TDIU or should I apply now since it has been documented by my PCP, Neurologist, and PTSD counselor that I am unemployable.

Also once I do file for TDIU what will the effective date of the TDIU since my original claim was filed in 9/2003.

Thanks a million for any advice you'll can provide.

Divine

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I used to take Imitrex as well and my body finally got used to it and it didn't work anymore.

At one point I got into a "migraine cycle" and was hospitalized and given DHE45--an IV migraine med for 7 days straight...wow!! Worked wonders!!!

I sure hope that a doc can find relief for your migraines....take good care.

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Hello Divine and thank you for your military service to our country, twice over, since you worked at the VA!

Do you have any statements in your VA medical files or from a doctor discussing or mentionng your unemployability status?

Could it be that one applies for the highest VA disability rating allowed by law and if there was discussion or notes about 'unemployability' then it could possibly be a 'inferred claim'. There is more info on Hadit about inferred claims

Yes, I have applied to the VA for disability increase on two different issues and a new claim for unemployability as well. So, I had three claim issues in works at same time - and secured the dates. I've read elsewhere this isn' t recommended, would slow things down or confuse the VA in processing claims of different types (iniial SC, increases, unemployability, claims for dependents, etc..). Have never recieved anything from VA stating a problem. So far so good.

Side note, don't recall tdiu form sent to me after 70 %, so maybe not automatic or an oversight.

Best to ya,

Cowgirl'up2009!

Edited by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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Thanks Cowgirl for your input. Let me not forgot all the others who chimed in. I have documentation from my Neurologist, PCP, and MH counselor that I am unemployable due to my service connected disabilities. My MH counselor as well as the C & P counselor both indicated that the depression is a result of my sc disabilities and is also a reason for my unemployability. I have a claim pending for the Depression and anxiety. Thanks a million for you help. If anyone has any questions regarding the billing, fee basis, or enrollment issues feel free to drop me a line. That's my specialty.

divine

Hello Divine and thank you for your military service to our country, twice over, since you worked at the VA!

Do you have any statements in your VA medical files or from a doctor discussing or mentionng your unemployability status?

Could it be that one applies for the highest VA disability rating allowed by law and if there was discussion or notes about 'unemployability' then it could possibly be a 'inferred claim'. There is more info on Hadit about inferred claims

Yes, I have applied to the VA for disability increase on two different issues and a new claim for unemployability as well. So, I had three claim issues in works at same time - and secured the dates. I've read elsewhere this isn' t recommended, would slow things down or confuse the VA in processing claims of different types (iniial SC, increases, unemployability, claims for dependents, etc..). Have never recieved anything from VA stating a problem. So far so good.

Side note, don't recall tdiu form sent to me after 70 %, so maybe not automatic or an oversight.

Best to ya,

Cowgirl'up2009!

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