tdiu Questions Regarding A Possible Claim For Tdiu

[Lyndenrider]

Let me begin by saying that this forum is a great resource for disabled vets like ourselves to get assistance. Thanks!

I was just approached by a neighbor last week regarding TDIU for myself.

I am rated 60% SC and have been for over 10 years. I'm 40% left knee [had three surgeries], 20% right knee [had two surgeries], 10% back pain [no surgeries....yet], 10% OCD [VA prescribed medication] plus 0%-10% for other SC ailments.

I have been unemployed since September 2008. I had to stop working my last job due to the fact I could not continue working due to the stress and strain on my knees and back. I have made NUMEROUS attempts over the last 1.5 years at finding other employment but have had no luck. Prolonged standing or frequent lifting causes me "issues". A few years back I was given custom-made knee braces from the VA for both knees for stability, which I wear almost daily. I have also been on daily pain meds (Vicodin) for the last 4-5 years, also VA prescribed by my VA PCP. This medication makes driving a vehicle to work everyday somewhat dangerous. Also, three years ago I was told by VA orthopedic surgeons that I am a candidate for bi-lateral knee replacements, but I declined having it done due to my younger age [i'm currently 37].

As for seeing doctors, I have only gone to VA doc's in the last 12 years since I have had a hard time getting health insurance from other resources. So, I only have documentation from the VA, not from other resources.

My questions for this forum are...

Besides filling out VAF 21-8940, what other things should I send with this form to help support my claim?

By submitting a TDIU claim, could the VA possibly require me to have bi-lateral knee replacement?

Am I just asking for trouble for myself by submitting a TDIU claim?

I'm a lifetime DAV member, but is there any other resources for help with this that I can get?

Thanks to anyone for assisting me with my questions and for any advice!

Jay

[Lyndenrider]

Got a letter today from the Seattle VARO Veterans Service Center Manager. It states, ".......It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yours may be delayed...........". <_<

Has anyone else gotten a letter like this? I NEVER have in all of my dealings with the VA and disability issues/claims.

Is the Seattle VARO really that busy? Has anyone else had a LOOOOONG wait thru the Seattle VARO for their benefits decision?

This is gonna suck since I've not worked since September 2008 and have a family of four to take care of. Now this letter makes it seem like many YEARS before I see any results....... Don't they have a 'hardship' clause or something like that? (I know, they don't. But I sure wish they did!) Do they have a priority list like the actual VA hospitals have?

Sorry, just had to vent off some steam. Granted, my claim was just received by them, but I was hoping no more then 6 months, but I might have years to wait.

Thanks, Jay

[john999]

The VA could decide your claim next week or next year. Have you had your C&P exam? Usually the decision comes pretty quick after the exam. I would love to be a fly on the wall and see exactly what happens at the VARO. I know I would be mad because to them it is just a paper shuffling job, but to us it is our lives.

[carlie]

I have no plans to submit any medical documentation from my surgeries or other docs since the VA already has this inside my VA medical record.

Thanks again for any and all advice.

Jay

Jay,

I would not take for granted that VA will read all of your medical documentation

that is "supposed" to be of record.

If you have dates of specific medical evidence, do not hesitate to point

them in the right direction.

jmho,

carlie

[carlie]

This is gonna suck since I've not worked since September 2008 and have a family of four to take care of. Now this letter makes it seem like many YEARS before I see any results....... Don't they have a 'hardship' clause or something like that? (I know, they don't. But I sure wish they did!) Do they have a priority list like the actual VA hospitals have?

Thanks, Jay

Jay,

Have you considered applying for SSA benefits of SSD ?

Yes, you can apply for hardship consideration during the Rating process.

One needs to include things like:

Proof of impending terminal illness

Letter from Hospice

Proof of advanced age

Mortgage Foreclosure papers

Eviction notices

Cut off notice's from Power Company

Cut off notice's from Water & Sewer

Banking Statements

These are some of the issues covered in a hardship request

and even that has it's own line to get in.

Have you checked on any benefits that may be available in your state ?

carlie

[Lyndenrider]

Carlie,

In my personal letter that was attached to VAF 21-8940 I put the relevent dates of surgeries performed, clinics attended, dates when my knee braces were made by the VA, etc... I just have never seen a private doctor regarding my SC injuries, only the VA.

As for filing for SSD, I am sending that in to the SSA next week.

As for filing for any hardship, I think I'll just wait for now. Kinda don't wanna go from the middle of one stack to the very bottom of another. I managed to save some money a few years back when I knew my SC problems were going south on me. I've got maybe a year left before I'm completely broke and cannot make my mortgage, etc. Hopefully will have something good from either the VA or the SSA by then.

Being 37 yrs old with two young kids and having medical problems sure sucks. At least I'm not using a wheelchair.....yet.

I noticed on a previous post on hadit.com that the VA can rate you for chronic pain disorder. How would I go about this? Bring it up on a C+P exam? I've been on prescribed opiates for years now for my knee and back pain, but they don't work near like they did a few years ago.

Thanks for any followup to my questions.

Jay

[carlie]

Lynden,

I'll send a shout out to a chronic pain disorder pro.

carlie