hypertension Filing For Tdiu While Claim Is Still Pending?

[Nathan104]

Hello all. I am thinking of putting in for TDIU. Ive had to drop out of school and can not work. I was put out of the army in November 05 for disability. I currently have a claim in for numerous things including Lower back pain with sciatica, Right knee(operated on in service), Hypertension, and several others. Had my C&P's back in January, claim is still pending.

Since my C&P's, my back condition has gotten much worse. I had an MRI which showed two herniated discs with one being VERY large. I am scheduled for a Lumbar diskectomy on the 21st of this month through my civilian Dr as I still have Tricare insurance until next month. I have sent two handwritten letters in to my claim explaining the worsening of my condition(not sure if this will help), and I will be sending the MRI films, and the surgery report after the 21st. I also plan to get letters from my teachers stating I could not sit through class and could not complete the semester for this reason. I can also no longer drive myself. Im on Percocet now.

I am thinking about applying for TDIU. But, I currently have no rating as my rating is pending. Should I wait for my rating to go through and then apply for it? If I put in for it now, will I have to have all new C&P's? Just not sure what to do. Also cant really think straight due to worrying over the back surgery. Ive already been down that road with my knee and it was no fun. Any help is appreciated. Thanks.

P.S. Ive also heard that I can put in for 100% during my recovery from surgery. But, since it actually hasnt been rated yet Im not sure if this would work or how to do it?

[Berta]

Nathan- I would file the TDIU form ASAP- will attach the form-

Make sure you tell them (You can refer to attached pages in the # 25 Remarks section)

the difficulties you had at school, pertinent medical info as to your current disability and tell them of the pending surgery, and the side affects of the Percocet prohibiting you from driving as well as the pain you are in.

One question -is VA doing this surgery?

well another question - what outsome do the doctors predict? freedom from pain, less restricted motion, etc- potential return to work or school?

What is your knee rating? has this back condition made the knee problems escalate?

"P.S. Ive also heard that I can put in for 100% during my recovery from surgery. But, since it actually hasnt been rated yet Im not sure if this would work or how to do it?"

I would if I were you, as soon as surgery is over -write the VA a letter requesting the Temporary 100% -and/or convalescence payment-however-it requires certain criteria:

This claim explains better:

http://www.va.gov/vetapp02/files02/0206491.txt

It involves 21 continuous days of treatment for SC disability

Convalescence claims also can be granted-http://www.va.gov/vetapp95/files5/9523058.txt

Although these depend on SC disability-it does not hurt to file the claim- and state that this is refering to your prior SC claim.

If denied (they probably will adjudicate the back claim first anyhow) you can NOD the denials and in the long run-if the back and related surgery is service connected , you have preserved your EED-earliest effective date of entitlement to the Temp 100% and any convalesent comp due-

others might disagree but I say- there is no reason not to file a claim like this once the surgery has been done and hospitalization was over 21 days and/or required convalescence.

However- I might be assuming the wrong thing- you state that you left the mil due to disability- I assumed the back condition---is reason for this or is documented in your SMRs-thus good basis for that claim.

Did I get that wrong?

[Berta]

forgot- TDIU form 21-8940

TDIU_form.pdf

[Nathan104]

Berta, Thanks for the reply. I am not currently rated for anything with the VA, this is my first claim thats in now. I was seperated for disability due to the knee. They operated on it then med boarded me out. I do have good documentation for all my claims in my SMR's including the back. The VA is not doing the surgery. I have not been seen at the VA so far for anything except my C&P's. I had 6 months of Tricare after seperation which covers me until May. The Dr has predicted that the surgery will relieve some of the sciatica pain down my left leg.

If I send in the form for TDIU, will it delay everything and require new C&P's? Thanks.

Nathan- I would file the TDIU form ASAP- will attach the form-

Make sure you tell them (You can refer to attached pages in the # 25 Remarks section)

the difficulties you had at school, pertinent medical info as to your current disability and tell them of the pending surgery, and the side affects of the Percocet prohibiting you from driving as well as the pain you are in.

One question -is VA doing this surgery?

well another question - what outsome do the doctors predict? freedom from pain, less restricted motion, etc- potential return to work or school?

What is your knee rating? has this back condition made the knee problems escalate?

"P.S. Ive also heard that I can put in for 100% during my recovery from surgery. But, since it actually hasnt been rated yet Im not sure if this would work or how to do it?"

I would if I were you, as soon as surgery is over -write the VA a letter requesting the Temporary 100% -and/or convalescence payment-however-it requires certain criteria:

This claim explains better:

http://www.va.gov/vetapp02/files02/0206491.txt

It involves 21 continuous days of treatment for SC disability

Convalescence claims also can be granted-http://www.va.gov/vetapp95/files5/9523058.txt

Although these depend on SC disability-it does not hurt to file the claim- and state that this is refering to your prior SC claim.

If denied (they probably will adjudicate the back claim first anyhow) you can NOD the denials and in the long run-if the back and related surgery is service connected , you have preserved your EED-earliest effective date of entitlement to the Temp 100% and any convalesent comp due-

others might disagree but I say- there is no reason not to file a claim like this once the surgery has been done and hospitalization was over 21 days and/or required convalescence.

However- I might be assuming the wrong thing- you state that you left the mil due to disability- I assumed the back condition---is reason for this or is documented in your SMRs-thus good basis for that claim.

Did I get that wrong?

[Berta]

"If I send in the form for TDIU, will it delay everything and require new C&P's? Thanks."

I am rethinking my advise-re-read it all-now -- -yes it could delay present claim- and they certainly would give you more C & Ps-

it is best to hold off----you are right and I am wrong-

your chances of overcoming some of this disability are pretty good as far as being employable and I think since you are a young veteran- that the doctors are optimistic about some of the pain-yet - you can always request TDIU if this all makes you unemployable-

Did the military 'rate' you in anyway at all with the med discharge or state you were temporarily unemployable, as far as your MOS goes?

Did they give you disablity separation pay?

There is the possibility that this surgery could be so successful that you would be able to work again-but if it still affected your employability they would still have to compensate it.

It is hard to determine what affect the surgery will have.

I am a civilian and do not understand mil matters like this-so my question here might sound stupid- the military operated on your knee while you were in?

Is this surgery due to complications of the mil surgery and/or knee disability disability as it affects your back?

This is an obvious case of Service connected disability and you have filed the claim within your first year of discharge- preserving the first day after your discharge as your earliest effective date for retro benefits- I just do not know how they will rate this all before and then after the additional surgery.

One other question- I have a Grenada vet- they operated on his knee-injured in service and his other knee has been severely affected due to the balance problems the SC knee caused him.He is also developing back pain as he needs to compensate balance problems.

Is this knee injury affecting your other knee at all or your hips?

if it does eventually-hope it doesn't-but you could claim that as an additional SC disability.

The knee disability is one thing and then the back disability is secondary to the knee- am I getting this right?

Has the VA acknowledged your claim yet?

Edited April 15, 2006 by Berta