hypertension Should I File For Tdiu

[IraqVet]

Hello all.

Just to give some back ground I am currently service connected 10% for hypertension and 30% for Kidney stones.

Right now I have a Pending case before a rating officer in st louis for PTSD, all evidence is there they were waiting to VERIFY stressor up until new PTSD guidelines came out. So I should have a favorable outcome on the PTSD verdict sometime soon.

Around a yr and a half ago I was being a good samaratin and tired to help somebody I thought was having a heart attack that was slumped over the wheel of his van....long story short he was drunk and he ended up dragging me down the road until I was able to break free. I have disk herniations etc/ have to walk with cane/ on constant pain meds that do not work.

Since this accident comming up on two yrs now. I have not been able to work and I applied for SSDI under PTSD, Kidney Stones, Back Injury, and Seizure Disorder. I was just awarded SSDI this week.

My question to you all is should I, or can I file for TDIU at this point or sould I wait until I get a decision on my PTSD first. I have heard you have to be a certain percentage... ie 60% before you can apply for it. I have also heard that all your disabilitys have to be service connected/related or you will be denied for TDIU, is this also true?

I appreciate any imput on this

Dave

HHC 1-502nd Strike Infantry 101st Air Assault Iraq 2003-2004

[pacmanx1]

What was your SSDI awarded for? (what condition or conditions) If the SSDI award list your back condition, VA may jump on this.

Were you working prior to the accident?

When claim TDIU, Yes; VA is only interested in conditions that are service connected. If you have service connected and non service connected disabilities this may/will complicated your TDIU claim.

If your service connected disabilities are so severe and you have a doctor statement, saying that you are unemployable due to service connected disabilities then you may not have a problem.

Edited September 18, 2010 by pacmanx1

[john999]

You sure as heck don't want to mix NSC disabilites and SC disabilites when you claim IU. IU must be based only on SC conditions.

[IraqVet]

The SSDI was awarded for PTSD, Kidney Stones, Seizure Disorder, and Back Injury. I was working prior to the accident. I do have a letter from my Dr stating that due to the four conditions I am fully disabled. But he does not break them down into servcie connected vs non service connected.

What was your SSDI awarded for? (what condition or conditions) If the SSDI award list your back condition, VA may jump on this.

Were you working prior to the accident?

When claim TDIU, Yes; VA is only interested in conditions that are service connected. If you have service connected and non service connected disabilities this may/will complicated your TDIU claim.

If your service connected disabilities are so severe and you have a doctor statement, saying that you are unemployable due to service connected disabilities then you may not have a problem.

[deviant]

I waited on the"ptsd/mood disorder/major depression" depending on which doc I had my mental problems had a different name, but my c&p exams covered all of my service connected injuries not just the ptsd /depression alone although thats all I filed for my tdiu for, and I never once mentioned any Non service connected injuries I.E. a bum knee. I kind of agree with the others though if you give the c&p examiner a reason to blame it on non service connected injuries it might be a hard fight for tdiu. Just my opinion, but if your rating comes right then I say yes file for it.

[Pete53]

Yes file for TDIU and be sure to point out that you collect SSD for PTSD. You will need to show a link for PTSD to service. Not easy but certainly plausible. What did SS link your PTSD too.

[Philip Rogers]

File for TDIU Monday morning and state that you're requesting an extra-schedular rating under (38 CFR 4.16b), if you don't meet the TDIU (38 CFR 4.16a) criteria. Never mention non-service connected injuries, as the VA will blame all on the NSC disabilities.

pr