tdiu Tdiu

[Sandy]

I was given a service connected combined rating of 80%. 20% for left knee limitation of extension, 50 % for right knee limitation of extension,

10% traumatic arthritis, right knee, 10% traumatic arthritis, left knee and 10% sinusitis.

I had bi-lateral knee replacements in October 2009. I applied for and received Temporary evaluation of 100% for 13 months.

Then the VA states I will be assigned 30% for left knee and 50% for right knee which equals 80%.

They did not mention the Sinusitis.

I have "new" knees but I still have swelling in the lower legs which becomes painful. I have mentioned this to my doctor and he stated it is due to the replacement surgury. I also have lower back arthritis and arthritis in both feet. My doctor stated it is probably due to how I was walking prior to the knee replacements. I still have difficulty getting up from a seated postion, bending, standing,etc. due to the arthritis pain in my back and feet.

I applied for TDIU and was denied. They stated "Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; provided, that permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. Since you plan on having total knee replacements your service connected knee conditions are not considered permanent in nature and may improve."

I was granted a disability retirement from the federal government and social security disability.

I also have Narcolepsy - diagnosed in 1995, Hasimotto's thyroid disease initial found when I was in Navy reserves on a weekend that I was playing weekend warrior and diagnosed in 1985 by civilian doctor and Celiac Disease 2007. These are not related to my military service per VA. They are all considered an autoimmune disease. I was active duty Air Force from Mar 1977 to June 1983. Then I joined Navy reserves April 1985 to 1990.

So my questions are:

1. Should I try for TDIU again?

2. Can I submit a secondary claim for the arthitis in back and feet?

[Sandy]

Thank you for all that replied.

The TDIU was denied 13 August 2009. Can I still appeal it?

[pacmanx1]

Sandy Posted Today, 01:37 PM

Thank you for all that replied.

The TDIU was denied 13 August 2009. Can I still appeal it?

Sandy, since your claim was denied in 2009, you are past the appeal time frame. You can file a new claim for service connection for back condition secondary to your already service connected left and right knee conditions. You can also try to get a doctor statement that you are unemployable due to your service connected conditions and try to file a reopen claim for TDIU.

Hope this helps