tdiu Why Do You Veterans Wait? Tell Me, What Are You Waiting For?

[LarryJ]

I have, over the last couple months, heard several of our new (and some not so new) Hadit members make statements such as "We're waiting, and as soon as we get an increase in my disability percentage well, then we're going to file for TDIU."

REALLY?

GEE?

WHAT THE HECK ARE YOU WAITING FOR? NO, REALLY, WHAT ARE YOU WAITING FOR?

If you even have the hint of possible success in filing for TDIU, DO NOT WAIT for some other increase, or whatever. JUST FILE your form 21-8940. BECAUSE YOU ARE COSTING YOURSELF MONEY. SERIOUS MONEY!

After all, when you file the proper form, you ARE filing for an increase. If you do NOT file the "proper form" then the VA is not going to "inferr" that you qualify for TDIU.

COME ON FOLKS!

SHEEESH!

I've added up the number of folks on here in the last couple months, plus the folks that I have coming to me OUTSIDE of the HAdit Forum and I've counted 11 people that I remember.

ELEVEN. THAT I KNOW OF.

And, most do not and will not, file for the proper EED.............geeee, just look at all the money you saved the VA. I, for one, am proud of you......................

[pacmanx1]

I did not mean to sound like you were wrong, I was truly asking for my own benefit as I get my best advice on here. If you guys think I should send in the forms then I will do so asap. They sent me a request to submit the form but I never said I wanted TDUI in my claim. Now my claim is being reconsidered so I would assume they will request it again or that I will wait for award before I do anything. I was just wandering if you guys thought that what I was instructed to do is a good idea or not as I have been told by several to put in for TDUI now but I am following the advice of my DAV rep. Maybe I should? Sounds like it is more like the rule than the exception. My claim is for ratings on S/C injuries secondary to current S/C injuries. Back, hips, Knees, and feet. Just an inquiry for someone who is relatively new to the process. Thanks for any advice and or suggestions in advance. I really appreciate it.

To help the board to better understand, what are your service connected disabilities and their rating percentages? Also what are the claims that you recently filed for that are pending rating decisions and the evidence you sent in?

basically Larry and Bob, were saying that we would need to know more to try to help you?

[Commander Bob]

I did not mean to sound like you were wrong, I was truly asking for my own benefit as I get my best advice on here. If you guys think I should send in the forms then I will do so asap. They sent me a request to submit the form but I never said I wanted TDUI in my claim. Now my claim is being reconsidered so I would assume they will request it again or that I will wait for award before I do anything. I was just wandering if you guys thought that what I was instructed to do is a good idea or not as I have been told by several to put in for TDUI now but I am following the advice of my DAV rep. Maybe I should? Sounds like it is more like the rule than the exception. My claim is for ratings on S/C injuries secondary to current S/C injuries. Back, hips, Knees, and feet. Just an inquiry for someone who is relatively new to the process. Thanks for any advice and or suggestions in advance. I really appreciate it.

Hi '1lonewolf', I understand your dilemma, and did not think that you came off like I was wrong.

Like pete992 just posted, " To help the board to better understand, what are your service connected disabilities and their rating percentages? Also what are the claims that you recently filed for that are pending rating decisions and the evidence you sent in?"

My concern is that you are fairly and fully compensated for your SC disabilities at the earliest date possible. I would suggest that you visit your DAV NSO and get more feedback from the one that has a better understanding of your claim.

One of the reasons I asked if you were drawing a clothing allowance, was to gauge your NSO.

Do you draw a clothing allowance due to the leg braces you wear?

Edited July 22, 2010 by Commander Bob

[1lonewolf]

I do not draw a clothing allowance as the VA makes my leg braces and issues me my orthopedic shoes and canes at this point. I am sure I could probably get one but I really have not thought about it to be honest. I remember them telling me that there was a certain amount I can use each year but that was it. My current claim is for my Lower spine, right and left hip primarily. My back is surgically unrepairable and I have been diagnosed by several doctors at the VA and outside of the VA. They were going to sever my right hip award due to a bad C and P exam but I went and got an IMO to refute it hopefully as part of this Reconsideration. Anyway hope this helps. This is what my current claim entails at this point. I have been told most of these issues will most likely be put together and rated by the VA as they are related? Guess I will have to wait and see. I can barely walk and I live in constant pain and have serious mobility problems. If you have any questions or if I have written something down wrong let me know and I will correct it for clarification. Hope this helps, I look forward to hearing from you and thank you guys for your time.

Narrowing of the Spinal Canal (Forget the medical term)

Severe Degenerative Disc Disease Lumbar Spine

Severe Facet Syndrome Lumber Spine

Severe Arthritis of the Lumbar Spine

5 bulged discs and sciatica

Sever Atrophy both lower legs

Degenerative Arthritis right and left hip with misalignment and popping out of place

Peripheral neuropathy both legs and lumber spine

[john999]

Wolf

I would also file a claim for chronic pain disorder and depression due to your disability and pain. I am thinking a claim for housebound due to these conditions might help you get 100% rating. I say this because if you are housebound then you should be 100%. It does sound like you should have 100%, but I would file for IU anyway. If you get 100% the IU will be moot, but if you don't get 100% then the IU claim would be good. How do you get around with those conditions? Have you asked for a scooter? A rating of 40% is just way too low for your level of disability.

[Commander Bob]

...I do not draw a clothing allowance as the VA makes my leg braces and issues me my orthopedic shoes and canes at this point.

...

My confidence in your DAV NSO is waning. The "clothing allowance" should have been applied for you by your Service Officer. It is about $600+ payed once a year, sometime toward the end of August. Mine is a direct deposit, so I don't keep track of it any more. However, your DAV NSO should have been aware of it. Also, it appears you have a bi-lateral condition. Did the DAV apply for that? I get an additional SC% rating for mine.

All in all, I feel that everything will come out in the wash, for you. Hang in there... Again I encourage you to revisit your NSO and check into the issues I have just mentioned.

I personally feel that the NSO ranks are filled with elitists. Just look at them at a State, or National Convention.

Sometime this year, I attended a certain old established Congressional veterans service organization's convention. I wore my hat around the place, and witnessed the slow death of a once powerful and vibrant fraternal group. It's a matter of time,...like old soldiers "they will fade away". Then all we will have left are the attorneys. The tontine club's time is near.

Good Luck,

Cmdr. Bob

Edited July 22, 2010 by Commander Bob

[Pete53]

If you request TDIU and don't currently meet the criteria the VARO is supposed to consider a rating that fits the criteria and award TDIU f they find it. Part B of these regulations also require the VA to consider an extra schedular rating.

If you don't meet the criteria and don't ask for TDIU the VA does not have to do anything.

I think that if I was a VSO I would have Veterans fill out the TDIU form when they file the claim, ask for reconsideration and or when they meet the criteria.

The VA seldom if ever takes initiative to help out Vets