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Tdiu Chances

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Question

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.

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ok called 1-800 and asked for status of my claim got e-mail response today. As follows.

We have received communication from the Cleveland Regional Office. They have

stated that after your claim for dependency was completed (see notification

letter dated February 1, 2011) your claim file was inadvertently returned to the

files, instead of leaving it open to complete your claim for increase dated May

11, 2010. We greatly apologize for our error and any inconvenience this may have

caused.

The Veteran’s Service Representative (VSR) working your claim will immediately

pull your file. If all evidence and documentation in support of your claim has

been received, the VSR will make your claim ready for a decision. If more

evidence is needed, the VSR will contact you in this regard.

So here we go again. Rule number #1 folks do not open more then one claim at a time it just confuses them.

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." I am guessing when they find problems there they will become secondary o my lower back problems and my gait from my knee. would this be a correct assumption? "

It is possible but you will need a medical statement with full medical rationale for anything to be considered as secondary to an establised SC disability/

The MRI narrative might cover all that.

"I have claime lack of concentration my voc rehab i was getting straight a's and went to failing on all my classes and they know this." If that coincides with any increase in your SC meds, make sure VA considers this info.

Did Voc Rehab make a clear statement to the VA that your SCs caused you the inability to continue Voc Rehab?

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." I am guessing when they find problems there they will become secondary o my lower back problems and my gait from my knee. would this be a correct assumption? "

It is possible but you will need a medical statement with full medical rationale for anything to be considered as secondary to an establised SC disability/

The MRI narrative might cover all that.

"I have claime lack of concentration my voc rehab i was getting straight a's and went to failing on all my classes and they know this." If that coincides with any increase in your SC meds, make sure VA considers this info.

Did Voc Rehab make a clear statement to the VA that your SCs caused you the inability to continue Voc Rehab?

Yes voc rehab has made this statement for me. As to the mri narritive I am still unsure because they fired my pain mngt. Dr. and booted me back to primary. So I am trying to get back into pain mngt to get info needed there. The wonderful wheel of VA.

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Okay had c&p looks good to me for secondary to chronic pain.

The condition/disability Adjustment disorder with depressed mood, chronic

is as least likely as not (50/50 probability) caused by or a result of

service connected degenerative changes of lumbar spine and/or posttraumatic arthiritis, left knee

rationale

His service connected medical conditions are considered primary.

From the rest of the report it looks like 30% Guess its wait and see time.

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