tdiu Individual Unemployability - How To Determine

[rmiller2094]

How do you know if you qualify for IU?

I am a Soldier, still on active duty, with a total knee replacement with servier stability issues which require me to wear a knee brace and in pain all the time. Thats not all I also have fibromyalgia that makes the pain worse in all my joints and to top it all off I have the vertibra in my back between c3 and c9 with c6,7,8 crushing down on my spinal cord taking my breath away every time I take in a deep breath. I am on constunt pain medication making it somewhat unsafe to drive; my wife will let me drive to work and home and that it.

I am not in the process for MEB/PEB because I have reached 22 years of active duty service and was told that I would be better off to retire then go through the process.

[Pete53]

You really don't know unless you are rated for it or apply for it. In General you have to be service connected and the disability causes you to be unable to maintain a regular job.

[PEAUGUST]

MY WIFE WAS MEDICALLY RETIRED FROM THE US NAVY VIA A MED BOARD AND PEB WITH A STATEMENT FROM BOTH THAT STATED CLEARLY THAT SHE WILL NOT BE ABLE TO MAINTAIN GAINFUL EMPLOYMENT FOR THE REST OF HER LIFE. SHE HAD 3 EMERGENCY OPERATIONS AND FINALLY 6 SCREWS IN HER LOWER SPINE WITH NO HOPE OF EVER GETTING ANY BETTER. WHEN WE FILE FRO VA BENIFITS THEY COMPLETLEY SCREWED HER OVER. SHE HAS NOT WORKED SINCE 26 DEC 2003 AND THE SSI APPPLICATION WAS TURNED DOWN BECAUSE SHE DOES NOT HAVE ENOUGH CREDITS IN THE LAST TEN QTRS BUT AGRESS THAT SHE IS DISABLED. WEHN WE WAPPLIED FOR IU THEY TURNED HER DOWN EVEN THOHG SHE HAS DOCUMENTS FROM MILITARY AND CIVILIAN DOCTORS THAT SAY SHE IS NOT ABLE TO WRK AGAIN FOR THE REST OF HER LIFE. WE ARE CURRENTLY APPEALING THE FINDINGS OF THE VARO WITH FLDVA IN ORLANDO AND HOPE THEY WILL SEE THE ERROR OF THEIR FINDINGS BUT NEED SOME SPECIFC ADVICE OF HOW TO ENSURE SHE GET WHAT SHE DESERVES, IU FOR THE REST OF HER LIFE. DO WE GO TO THE SENATORS OFFICE NOW OR WAIT TILL THEY RESPOND TO THE APPEAL? WE DO NOT KNOW EXACTLY HOW TO USE THIS WEB SITE SO ANY SUGGESTIONS WOULD BE APPRECIATED!

PH3 LYNEV S. AUGUST & CAPT P. ERIC AUGUST

PAUGUST740@AOL.COM