tdiu 80% And Struggling...

[maine1963]

Ok, started my claim for my back injury in oct 2007. In Feb 2008 I was awarded 60% Comp. (*of note I was also awarded my Social Security Disability in Jan 2008).

The money finally came in... But I am STILL not able to work.

I submitted an additional claim for my left and right legs (weakness, numbness, tingling...) and my left and right hip problems. Also in this claim I requested Unemployability.

I was awarded a total of 80% Comp disability from the VA, (started this second claim in March 09 and final decision came in June 09). BUT I was DENIED my Unemployability. Reason was that the VA could not figure out if there was something other than my back, legs and hips claims that was causing my not being able to perform gainful employment.

My question is: Do I appeal and fight for a couple of years?? Or - do I simply file another claim for increased back pain / leg weakness? Perhaps if I do file for added pain / limited movement I will receive 100% permanent and total Comp?? After all, I am at 80% now...

I fell down the engine room ladder and fractured one of my vertebrae back in 1985. It has taken its toll on me over the years and now (after two surgeries) I walk with a cane / walker at an angle!

Any suggestions would be great.

[Roy]

Ok, started my claim for my back injury in oct 2007. In Feb 2008 I was awarded 60% Comp. (*of note I was also awarded my Social Security Disability in Jan 2008).

The money finally came in... But I am STILL not able to work.

I submitted an additional claim for my left and right legs (weakness, numbness, tingling...) and my left and right hip problems. Also in this claim I requested Unemployability.

I was awarded a total of 80% Comp disability from the VA, (started this second claim in March 09 and final decision came in June 09). BUT I was DENIED my Unemployability. Reason was that the VA could not figure out if there was something other than my back, legs and hips claims that was causing my not being able to perform gainful employment.

My question is: Do I appeal and fight for a couple of years?? Or - do I simply file another claim for increased back pain / leg weakness? Perhaps if I do file for added pain / limited movement I will receive 100% permanent and total Comp?? After all, I am at 80% now...

I fell down the engine room ladder and fractured one of my vertebrae back in 1985. It has taken its toll on me over the years and now (after two surgeries) I walk with a cane / walker at an angle!

Any suggestions would be great.

Hi,

I am in a similiar situation. I am currently rate 80% for my back, Knees and foot. What is hard for me to understand is that Social Security granted me disability for my knees and back condition and I did not need a lawyer for it. On june 17 , I had a rating exam again for unemployability and I am currently waiting to hear my outcome. The way I feel is that the VA is much harder on granting full disability than Social Security. I have been fighting the VA for over year on this I am hoping that someone in the VA would realize if I am getting full Social security disability why am I not getting it though the VA. I will let you know the outcome as soon as I hear something.

Take care

[Roy]

Hi,

I am in a similiar situation I am currently 80% for my back, knees and foot. I am currently recieving Social Security disability for my knees and back. Social security was easy for me I never used a lawyer to get it. I have applied for unemployeability with the VA and I sent them my award letter. On the 17 of June, I had my rating exam and currently still waiting to hear back from the VA. However, it appears this is going to be hard to get, the VA appeartly have much tougher standards then Social Security. What is hard for me to understand is that how can the VA deny me for the same disabilities as Social Security. In fact my foot was not even a part of my SSD only my back and knees. If any one else knows how this works please response.

Thank you

[Roy]

Sorry, if you have already recieved my response for some reason my replies are not going though. I am in a similiar situation. I am currently 80% for my back,knees and foot. I was approved for Social Security disability in July. I have applied for TDIU with the VA and had my rating exam on June 17, now just waiting to hear back from the VA. I was granted Social security benefits for just my back and knees. However, I believe that the VA has different standards when it comes to veterans applying for TdIU. If some one out there could explain how the VA would deny me TDIU while social security approved me for the same injuries I would greatly appreciate it. I am still waiting to hear about my claim.

[JustPLS]

Ok, started my claim for my back injury in oct 2007. In Feb 2008 I was awarded 60% Comp. (*of note I was also awarded my Social Security Disability in Jan 2008).

The money finally came in... But I am STILL not able to work.

I submitted an additional claim for my left and right legs (weakness, numbness, tingling...) and my left and right hip problems. Also in this claim I requested Unemployability.

I was awarded a total of 80% Comp disability from the VA, (started this second claim in March 09 and final decision came in June 09). BUT I was DENIED my Unemployability. Reason was that the VA could not figure out if there was something other than my back, legs and hips claims that was causing my not being able to perform gainful employment.

My question is: Do I appeal and fight for a couple of years?? Or - do I simply file another claim for increased back pain / leg weakness? Perhaps if I do file for added pain / limited movement I will receive 100% permanent and total Comp?? After all, I am at 80% now...

I fell down the engine room ladder and fractured one of my vertebrae back in 1985. It has taken its toll on me over the years and now (after two surgeries) I walk with a cane / walker at an angle!

Any suggestions would be great.

I would love to be able to give you some advice, but I'm pretty new here myself. I was just floored by the speed of your decisions. I made a claim to the Atlanta VARO in March 2007, and never heard anything from them until April 2008, and no decision until September 2008. I have since submitted a NOD, but have heard nothing from them. What VA office do you deal with? I might move there.

Good luck!

Pat

[john999]

I would appeal the denial of IU. Does the VA have some other alternative explanation why you can't work with an 80% rating? I would just get another doctor to review your evidence and make a statement that you cannot work solely due to your SC disabilites. The VA's denial is weak. Do you have some NSC disability that would make you unable to work? I was granted 70% and denied IU because the VA said there was a NSC reason I could not work even though I was on SSD due to SC disability. I got another opinion and appealed it and got my IU. Sometimes they just deny you in hopes you will quit. Don't file a new claim since you will lose the effective date of your IU. have you applied for social security disability? You have quite a few options of how you want to handle this denial. Keep asking. I would probably file a NOD and ask for a DRO Hearing. You probably want to get in front of a real person who can look at you to see the shape you are in.

John999

[Pete53]

Often times a Veteran who has had treatment at VA goes faster cause the VA Regional Office has access to ertant records.

I think you should Appeal and ask for TDIU as part of your appeal thereby hopefully tying your effective date to your award date.,

Good Luck