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Tdiu

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johnjjr

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I filed for TDIU in March of this year. I am sc'd for DM II and secondary peripheriral neuropathy conditions:

20% DM II

40% PN lower left extremity

40% PN lower right extremity

30% PN upper left extremity

20% PN upper right extremity

Any thoughs on my chances of getting granted TDIU

Edited by johnjjr
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I posted this for someone else but it may apply to you as well:

You need to be assess by an Occupational Therapist supporting your physical limitations. Have your PCP give you a referral to see an Occupational Therapist, they will conduct a Physical Limitation test (push, pull, walk, etc) to support that you are PHYSICALLY unable to work. Once that is done, you will be referred to VR&E which will contact you for a ILS assessment (well this happened in my case). Usually this person is a VR&E counselor, so they can write a letter stating that you are unable to gain suitable employment. Once this is done, POOF, you will have medical evidence to support being awarded TDIU.

Good Luck!

B6

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  • HadIt.com Elder

I filed for TDIU in March of this year. I am sc'd for DM II and secondary peripheriral neuropathy conditions:

20% DM II

40% PN lower left extremity

40% PN lower right extremity

30% PN upper left extremity

20% PN upper right extremity

Any thoughs on my chances of getting granted TDIU

Were you given bilateral ratings also with the upper and lower extremities?

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  • HadIt.com Elder

You have a good chance, but you do need a report from a doctor saying you are unemployable due to this combination of symptoms. Just because you have the percentages does not mean you get IU. We just talked about this with RSG who has percentages but was rejected for TDIU. Has a doctor said you can't work due solely to DMII and complications?

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Bravo6,

None of what you mentioned has been done. However, the Varo requested a diabetes C&P exam and I failed a physical stress test because of the PN. It was documented in the record that I am a poor candidate for exercise due to the neuropathies. Lasted 1 minute 59 seconds onthe treadmill before my legs buckled. (On another note, the examiner gave the VARO hell in her report for not supplying my c-file although it was requested twice.)

JR,

Yes.Upper and lower extremities were rated on separate claims and bilateral factor was used.

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Bravo6,

None of what you mentioned has been done. However, the Varo requested a diabetes C&P exam and I failed a physical stress test because of the PN. It was documented in the record that I am a poor candidate for exercise due to the neuropathies. Lasted 1 minute 59 seconds onthe treadmill before my legs buckled. (On another note, the examiner gave the VARO hell in her report for not supplying my c-file although it was requested twice.)

JR,

Yes.Upper and lower extremities were rated on separate claims and bilateral factor was used.

I think your chances would be pretty good once the VARO seen that you performed poorly on the Physical Limitation test.

I think it would be a great piece of evidence to help you get granted TDIU! JMHO!

Good Luck

B6

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I filed for TDIU in March of this year. I am sc'd for DM II and secondary peripheriral neuropathy conditions:

20% DM II

40% PN lower left extremity

40% PN lower right extremity

30% PN upper left extremity

20% PN upper right extremity

Any thoughs on my chances of getting granted TDIU

My claim has been in the mill since 3/16/10. At that time, I was on oral meds for diabetes. In late June I was removed from oral meds and put on insulin.

According to the ebenefits site, my claim is still in development. But from the information on time in development, it should be going to decision phase soon.

Should I submit this new medical evidence now and probably start development all over again? Or should I wait and in the event I am denied, ask for reconsideration on the basis of new and material evidence?

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