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Tig

Tdiu Denied.. Help, Feedback, Aynything....

Question

I received my TDIU denial today and it's seems they only considered my service connected conditions, that are not presently on appeal in D.C. for the decision?? Do I read this correctly.. they only used three SC conditions for their decision?

"You reported several service connected conditions prevent you from obtaining and maintaining gainful employment. Because a claim for individual unemployability is essentially a claim for an increase in your service connected conditions, we have considered whether an increased evaluation may be assigned for your service connected hypertension, radiculopathy of right upper extremity, and radiculopathy of your right lower extremity. The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision."

"Entitlement to individual unemployability is denied. We received the Social Security Administration Disiability decision dated August 29, 2007, which you submitted in support of your claim. This decision notes you were granted disability benefits due to your post traumatic stress disorder, status post cervical fusion and degenerative disc disease of your lumbar spine. At this time, you are not service connected for post traumatic stress disorder. The examiner concluded that it was his opinion, after interviewing and examinging you, that the serverity of all your service connected conditions does not preclude you from obtaining or retaining substantially gainful sedentary employment."

To date I am rated at 80%, 130% in regular math..

Now what an appeal?? Is this SOP When over half of SC coditions are in D.C....

Any thoughts or suggestions would be greatly apperciated..

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Is this SOP When over half of SC coditions are in D.C....

Any thoughts or suggestions would be greatly apperciated..

Tig,

This seemed a bit confusing for me.

Where you say "When over half of SC coditions are in DC..."

Do you currently have issues under the jurisdiction of the BVA

that have not yet been SC'd ?

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"The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision."

All of the above listed are yes presently at the BVA, they are all serviced connected,rated in the ordered listed above at.. 30%, 10%,20%,10% and 10%.. PTSD and few other claims are also at the BVA, and are not service connected at this time.

Sorry for the confusion, I'm a little ticked right now.. and not sure I'm reading their remarks I put in quotes correctly..

Where you say "When over half of SC coditions are in DC..."

Do you currently have issues under the jurisdiction of the BVA

that have not yet been SC'd ?

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You have SC'd conditions that you have on appeal for an increase. Filing for TDIU is, in essence, a claim for increase. They can't decide two different claims for increase at the same time.

They also cannot consider your PTSD simply because you are not service connected for it.

So, that just leaves the three conditions that are not "up in the air" as far as decisions are concerned.

Yes, they did the correct thing, actually the ONLY thing that they could do under the circumstances.

You would be well advised to simply wait until all the issues are decided, then file a NEW claim for TDIU. All the rest of this stuff is just muddying the waters of your current TDIU (denied) claim.

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As I see it the disabilities that are under appeal are "fluid," in that they may change and therefore can't be used when figuring TDIU. Once those are decided, they will come back into play. Whether this is "proper" is anyone's guess. I personally understand it but . . . . jmo

pr

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Ok... thank you... Starting to makes sense now... I'm just wondering why my VSO(no longer a VSO) urged me to file it?? I mean the last thing I want to do is "muddy the waters" for the rest, it takes long enough now.

This is going to be interesting, I'm currently under SSD three year review and I'm guessing when they read the denial for TDIU they won't catch the fact that my entire spine was not taken into consideration.. Thanks again.. I usually don't post much.. just read.. I wish i would have read more in this case, rather than listening to my VSO...

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