tdiu 80% Nevada Vet Seeks Advice

[Marlonallgood]

I am a 29 year old Las Vegas resident who was honorably discharged from the Army in 2002. I was granted 60% for my back and various 10% for my head,feet,depression. I have been working in an office position for the last 8 years. The pain I experince daily at work I've been able to cope with until the last 1-2 years. I have been experincing severe pain and numbness throughout my legs. I have also gone thru terrible episodes of depression when I am unable to perform certain acts that a healthy 29 year old should be able to perform with ease. It kills me to say it but I feel that I'm reaching the point that I may not be able to work anymore without having to live thru the pain that it causes. I wanted to know what kind of Options I have 100%,TDIU,Social Security,etc. I currently make a decent salary and am unsure if I would be able to support my family if I am unable to work. I am not sure if I gave enough info to get the advice I'm seeking but I would appreciate any and all responses. Thank you.

[john999]

marlon

I would apply for SSD and IU while I am well enough to put up with the stress. You don't want to wait until you are so bad off someone else has to do all the leg work for you. I know what you are going through because I saw my disability coming at me for some years. Finally, I got fired at age 51 with a bleak future. At age 29 maybe you will get better and maybe you won't. I would not wait until someone else makes the decision for me.

[Marlonallgood]

I wanted to give an update on my situation and also thank everyone for leaving thier knowledge in my post. I just came from my 1st Dr appointment with my primary care physician. I went in and explained all the trouble my back was causing me. He sent me in for x-rays and after getting them done and returning to his office he stated I had a narrowing of the spine with a few disc bulges. He wanted to get an MRI done but my insurance has to pre approve it. He placed me on leave from work until we come up with a plan for the back pain. I haven't told my current employer about the leave. I don't know what kind of options I have or what I should do.

[john999]

Do you have an FMLA form on file with your employer? I think if your employer has more than a very small work force they have to abide by FMLA. This gives you up to 12 weeks of paid or unpaid leave for chronic illness for yourself or immediate family. I think it is 12 weeks but it could be more or less. You can google it. I use the VA pain clinic for my back and foot pain which are SC. I find them inadequate in every way. I am looking around for a private pain clinic that will prescribe without the ordeal of the VA. If you decide to have something done surgically about your back get the best doctor in town. Don't use the VA just because it is free. Your back may hurt now but if they screw up the surgery you may be in agony for life. The VA should do the MRI. Are you SC for your back?

[Bigdan]

Marlonallgood, I don't know if this will paste very well but it is an old copy of "Total Rating Based on Unemployability", that I can find here at the VA: (I can't seem to paste so I will type it in) If the schedular rating is less than total, a total disability evaluation can be assigned based on individual unemployability if the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disability, provided that he has one service-connected disability rated at 60 percent or higher; or two or more service-connected disabilities, with one disability rated at 40 percent or higher and the combined rating is 70 percent or higher. The existence or degree of nonservice-connected disabilities will be disregarded if the above-stated percentage requirements are met and the evaluator determines that the veteran's service-connected disabilities render him incapable of substantially gainful employment. 38 C.F.R. $ 4.16(a) (2005). All veterans who are shown to be unable to secure and follow a substantially gainful occumpation by reason of service-connected disability shall be rated totally disabled. If the veteran is unemployable due to service-connected disability, and the percentage requirements of 38 C.F.R. $ 4.16(a) are not met, the case should be submitted to the Director of the Compensation and Pension Service for consideration of an extra-schedular rating. 38 C.F.R. $ 4.16(:D (2005). I hope this helps,

[Marlonallgood]

I talked to my employer this morning regarding my last Dr appointment and I was placed on unpaid medical leave until I am deemed able to return to work by my Dr. I'm not sure what I should do next or even if there is anything for me to do. I haven't sent any new claims in to see if I qualify for TDIU or even an increase on my SC injuries because I'm not sure if I have a case or not.

[Pete53]

Unpaid Medical Leave usually means that they think you may be able to go back to work. You should look into any disability plan that you have many Companies provide it to their employees. If not you have a decision and that would be to ask for a medical retirement a permanent thing and TDIU or retire but I fear that temporary medical leave will not trigger TDIU.

Good Luck