tdiu Tdiu Reveiw

[eraxpar_1]

Ok here what's going on

I'm up for a review. I just got a revision on my left prosthetic knee in February and still waiting to get the right one replaced. I'm 90% TDIU / P&T (100%) I'm rated 30% (L) knee 20® knee 70% Major depression disorder. All these are SC

What do I do to keep the TDIU because I was getting ready to put in for my feet that the Dr said are messed up from my knees. Now I'm waiting to get my right shoulder fixed 2 years ago they said there was nothing they could do accept give me a total replacement( don't think so) I'm not service connected for this but, as a result of a fall from the knee giving out I tore two of my rotor cuffs completely in half. There are days I cant even use the arm to take care of my own hygiene. The problem is the VA neglected me in the 1^st place when I went to the emergency room 3am they took a x-ray saying there was nothing wrong. and sent me on my way while my arm/shoulder deteriorated

I've been on TDIU since 2003 had 4 operation since and things just are not looking up to par right now. Just the review letter sent me into a major anxiety attack the depression hit me hard.

[eraxpar_1]

I agree with Wholesale-

file for the shoulder problems as secondary due to the SC knee.

Also:

"The problem is the VA neglected me in the 1st place when I went to the emergency room 3am they took a x-ray saying there was nothing wrong. and sent me on my way while my arm/shoulder deteriorated"

If you have copy of the X Ray and ER med Certificate and can show how this problem obviously deteriorated (with subsequent medical records of proper treatment)-you also have a basis for a Section 1151 claim.

If I were you I would file the secondary and the Section 1151 claim at the same time.

A veteran is entitled to raise any possible reason for SC, more than one reason, and VA has to consider each potential basis for SC.They only award on one basis but the comp amount would be the same.

Had friend (civilian) who worked for VA and slipped on piece of pie in the VAMC.

VA ER told her to put cold compresses on her ankle and take aspirins and take 3 days off work.

By end of the week she could not walk.

A private doc found she had broken her ankle and it was healing improperly due to lack of proper VA ER treatment.

She could not file 1151 claim as she is not vet but she sued under FTCA and got a settlement.

VA ER misdiagnosed my husband in a 1988 medical certificate.

They treated him for sinus attack when he actually had a heart attack.I proved with the abnormal EKG and the certificate itself with numerous odd notations on it-they did while he was in ER -that they had malpracticed.

Any improper diagnosis and treatement or lack of appropriate medical treatment from a VA ER can lead to basis of Section 1151 claim or FTCA case or both.

Both the employee I knew and my husband were treated as "employees" under M21-1 doctor's guidelines for employees.

The employee guidelines in those days stated to get the employee back on the job ASAP.

With a mantra like that in M21-1 -I bet many vets who were also VA employees did not get proper care at all if they were in a VA emergency room for any reason.

Also with the ® knee which is becoming pain full to the point I half to where a brace it needs to be replaced. The (L) knee they say there isn’t much more they can do. I have a torn ligament in the left knee but they don’t want to operate on it till I give them the go ahead. Plus I’m just tired of the (L) knee be chopped on. In Jan 8^th 2009 the prosthetic knee jump post I had to have emergency operation to get it back in place and the swelling and pain is another issue its from the torn ligament Can i file for an increase for pain and instability for both knees

Thank you for the help

Sincerely Eric

[iraqx2]

I am sort of lost on the post but.. you are on IU from the VA and they called you back for a reexamination? And your fear is that you might lose your IU status? If you have not worked and your conditions have worsen, I would not worry about it. If the worst came about, you can appeal.

As for your other symptoms, yes, file a claim. If you are on IU or above 50%, any other medical conditions treated by the VA will be at no cost to you whatsoever, regarless if it is service connected or not. Correct?

[eraxpar_1]

I am sort of lost on the post but.. you are on IU from the VA and they called you back for a reexamination? And your fear is that you might lose your IU status? If you have not worked and your conditions have worsen, I would not worry about it. If the worst came about, you can appeal.

As for your other symptoms, yes, file a claim. If you are on IU or above 50%, any other medical conditions treated by the VA will be at no cost to you whatsoever, regarless if it is service connected or not. Correct?

thank You

The total knee replacement dislocated when I went to go bend down and pick something up. never-the-less...without saying it was one of the most painful experience I had ever endured. Going in to detail wouldn’t help. But That’s what the terminology is “Jumping Post