tdiu Trying To Decide, Can I Handle It?

[Sailing_Faith]

I am currently 80%, I have not had gainful employment since October 2007 when I transferred to Fleet Reserve. My last few years on active duty were spent highly impaired, fortunately I had a job where I was able to still be productive. I have persistent, prostrating migraine headaches most days. This has been documented as SC and rated at the maximum of 50%. I also have adjustment disorder (memory loss) that is rated as 30%. My 80% rating breaks down as; 50% Migraine H/A 30% Adjustment DO 10% Lumbar spine 10% Rt thumb tendonitis 10% Lt Knee Patellofemoral syndrome 10% Rt Knee Patellofemoral syndrome 10% Bilateral tinnitus I was called in to my local VA center for re-evaluation on the first 2 conditions in Feb, and I just got the result back. My rating was not changed. The Mental health eval did make some comments that I never made (saying I was content not working as I was retired). I am a trained Clinical Mental Health Counselor, but can not drive to work or keep appointments due to nausea and medication use. I also doubt that I could work in a clinical setting with the cognitive impairment issues (clients tend to expect you remember their names without consulting your notes over and over while you are working).... My local AMvets Rep has encouraged me to file for TDIU, but I am not sure I am up for the battle. What kind of anxiety will the VA likely inflict on me through this process? I already have sleep related problems, but the wait for the result of the re-eval was terrible. If I file for TDIU will they make me go through the entire process again>? What kind of effect will the statement that the MH evaluator made (that I was experiencing no work impairment as I was retired) likely have on my claim? My bills are paid right now, but we have moved my mother in with us and are barely making it with just getting by. Tdiu would help, I am frankly not sure if I am up for the fight, how bad is it likely to be?

[Berta]

With the info you posted - an independent medical opinion that states your SC prevents you from attaining and retaining substantial employment-would help you gain TDIU.

"What kind of effect will the statement that the MH evaluator made (that I was experiencing no work impairment as I was retired)"

It sounds as though they did not take into consideration the affects of the migraines. your inability to drive, or consider any side affects of your meds.

If you do consider an IMO- you need one from an occupational specialist who can assess that you are unemployable or at least from a doctor with expertise that will overcome the MH evaluator's opinion.

I agree with your rep- to file the TDIU form as this protects the earliest effective date if and when they award.

I would enclose the TDIU form with the NOD unless you have sent that in already.

In the NOD attack any medical statement that is incorrect and check the ratings schedule to see if they overlooked anything for the next highest rating.Refer to the TDIU form enclosed.(and apply for SSDI too)