tdiu Tdiu Chances

[conserve]

I applied for tdiu and the c&p Dr stated that i could do sedentary work if my pain was brought under control. I am currently rated 20%. 10% for knee and 10% for back. I have also asked for secondary depression due to my being unemployed and depressed. I got

axis I adjustment disorder with depressed mood

axis ii deferred

axis iii chronic Pain

axis iv 3 (unemployed, Financial Problems)

axis v 55 current functioning.

I have been through pain Management and am on morphine and percocets daily.

[conserve]

Thanks Forman yes I have asked for increase on Back and Knee and the new claim for secondary depression . Was just trying to get a idea if I was going to be close to getting the tdiu. I have not worked for a year now, I know that helps in the decision. I also know its a crapshoot and I may get it and may not. They have no set way of determination from what i have seen. I am in Ohio and was hoping some one with similar case could tell me if they recieved tdiu or not. Thanks again for your input.

[carlie]

I applied for tdiu and the c&p Dr stated that i could do sedentary work if my pain was brought under control. I am currently rated 20%. 10% for knee and 10% for back. I have also asked for secondary depression due to my being unemployed and depressed. I got

Underlined items:

1) Certainly not supportive for a grant of IU.

2) You might be able to get depression granted secondary to pain.

I do not see a grant of SC secondary to "being unemployable and depressed".

For any condition to be granted as secondary to - there first has to be a condition

that is service connected.

[carlie]

Was just trying to get a idea if I was going to be close to getting the tdiu.

I have not worked for a year now, I know that helps in the decision.

conserve,

From what you have posted I do not see you anywhere even close to IU at this point.

Simply being without employment for one year is really NO help for a decision on IU.

The only factors considered are credible and probative medical evidence that due solely to

service connected disabilities, you are unable to hold substantially gainful employment.

A vet may have not worked for 20 years - that has nothing to do with the decision.

JMHO

[conserve]

Underlined items:

1) Certainly not supportive for a grant of IU.

2) You might be able to get depression granted secondary to pain.

I do not see a grant of SC secondary to "being unemployable and depressed".

For any condition to be granted as secondary to - there first has to be a condition

that is service connected.

Well my being unemployed is due to my medications. My place of work said I can not work on these meds and not be able to drive heavy equipment. So the depression is tied to my pain and the consequences that arise from it.

[conserve]

Well my being unemployed is due to my medications. My place of work said I can not work on these meds and not be able to drive heavy equipment. So the depression is tied to my pain and the consequences that arise from it.

Also at this time my pain level has not been brought under control sad thing is it is getting steadly worse.

[carlie]

Well my being unemployed is due to my medications.

My place of work said I can not work on these meds and not be able to drive heavy equipment.

So the depression is tied to my pain and the consequences that arise from it.

conserve,

That was at the employment you held then.

The C&P examiner stated you can do sedentary work,

this is what VBA will hone in on.

What meds are you on for SC'd disability's ?

You have a long way to go even for an extra-scheduler (38 CFR 4.16b) rating which

you would have to request and they are rarely granted.