tdiu ?'s About Appeal Decision

[PatW53]

I am completely confused. We filed an appeal for my husbands low back pain, depression and

Right lower extremity radiculopathy.

We got the paperwork back and the statement of case states

1. entitlement to an increased evaluation for back strain with annular bulge L3-4 and L5-S1 with limitation

of motion at 20 percent disabling, and right lower extremity radiculopathy at 10 percent disabling is

denied. (He already receives 20% for his back)

2 Entitlement to service connection for left leg pain and numbness.

It list all the evidence

Adjudicative Actions

Listed all the the claims submitted and when and notifications of decision.

05-23-2006 De Novo Review performed based on all the evidence of record. Evaluation of low

back strain now evaluated as low back strain with annular bulge L3-4 and L5-S1 and limitation of motions at 20 percent and right lower extremity radiculopathy at 10 percent, service connection granted for major

depressive disorder at 70% disabling, entitlement to individual unemployability granted, and basic eligibility to Dependents' Educational Assistance effective November 25, 2003.

What does this mean? Does it mean what I think it does! Then there are pages about filing an appeal.

Are these for if we still want to appeal the 20% for his back?

Please help me, I can't begin to get excited until I know for sure. Thanks, Pat in Fl

[Berta]

WOW- you might need to start checking the mail or your checking account!

Sounds wonderful to me! And seems that they are asking if he wants to appeal the back rating-

If he feels it is definitely worse than it was by medical evidence-he can appeal that-

But with TDIU- the only way I see additional comp is if he qualifies at some point for SMC-

that would be an independent 60% SC rating plus the SC TDIU. It seems they did increase this rating by 10% ???

By granting the DEA (educational benefits) there are saying Permanent and Total is established.

You are most likely entitled to CHAMPVA too- which is sort of separate from the VA-VA never grants CHAMPVA directly in a decision.

They are at :http://www.va.gov/hac/forbeneficiaries/champva/champva.asp

GREAT news Pat ! Berta

[PatW53]

Thank you so much Berta! I am so afraid to believe it is true. We just got his ssdi approved in March

after waiting 3 years. If it is true, we won't be appealing anything. If at some time his back got

worse, we could still file for an increase or smc? So, I am doing a half of a happy dance. Of course

it is a holiday weekend and I can't call anyone until Tuesday to check it out. I have to thank everyone

here at hadit. I havne't been on for awhile, but this is where I learned everything from you good

people to accomplish this and to know that I even could! Thanks so much! Pat in Fl

[john999]

Pat

The thing is to get one disability rated 100% then you can go to work on the SMC. However, if a vet has ED he can get a SMC without being 100%. This is common in Diabetes cases.