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Applying For Tdiu And Already Retired

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oldman273

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Hello I am at another cross road. I had my appeal for TDIU denied the reason was that on my employers form the reason I was retired was not on account of a SC back issue which was the reason I claimed TDIU. I am @ 90% SC with 60% 40% 30% and several 10% that add up to 90%. I looked at the law and for TDIU I qualify % wise and I do not want my claim to go to BVA. Any Ideas? My surgeon has written 3 different times in 3 seperate letters that because of my SC connected back I am unable to work. The VA uses the argument that I was already retired and that TDIU is not warrented. My other question is that I was retired in part for 2 issues PTSD and Migraines. The migraines were not Service connected at the time I was retired but now they are if this does not work I had thought that I should file a claim for TDIU with the effective date of may 2001 as that was the month I was retired. I have posted this before but I cannot go on anymore I get all worked up and aggrivated and then I get a migraine. My Migraines are vascular in nature and I had them in service the headaches were classified as "Hypertension" headaches. My VA mental health Doctor has had me on so much meds I was a houseplant. I am sick of being turned down but I am not giving up. Any ideas I feel like the VA just pushes paperwork to the BVA so that veterans give up. My back is never going to get better and the surgeon stated that in his letter. Thanks and have a good day...

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  • HadIt.com Elder

You can get TDIU even if you retire for reasons other than SC disability. You are doing the right thing to get medical opinions saying due to your SC condition you can't work even though you need to and want to work now. They did the same thing to me more or less. I retired on disability, but the VA said it was a different disability and not solely due to SC condition. It took an appeal and some IMO's to win.

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  • HadIt.com Elder

Request a DRO Hearing take someone with you and present the evidence and tell the rater that no matter what the business said you quit cause you had to

Good Luck

Veterans deserve real choice for their health care.

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Follow Pete53's advise. Here is what happened with me. Got fired 10/2008, went to VAMC and got paperwork to apply for health care. In 1/2009 my primary referred me to mental health for PTSD exam; was diagnosed with severe PTSD GAF 43. Went on a regimen of drugs and group therapy, did the CPT 12 week thing. Filed for PTSD, hearing loss and tinnitus in 2/2009, had C&P for both in 6/2009. 02/2010 received award retro to filing date of 70% PTSD, 10% earing loss and 10% tinnitus for total of 80% (VA math); BUT the VA also suggested I file for TDIU as I didn't meet criteria for 100% PTSD but I was clearly unemployable accoding to my psych Dr. So I filed the the TDIU claim in 03/2009, had 2nd C&P for PTD. February of this year I was rated 100% PTSD P&T and 30% hearing loss; TDIU awarded back to 02/2009. No more exams or C&P's will be required. Now the kicker, I was drawing SSR starting in 11/2008 because I knew I was not suitable for employment, my initial income based classification was CAT 5 based on my SSR and my spouses SSR & Pension. They knew it all up front. From the very 1st appointment with the shrink my records starting reflecting severe to chronic PTSD not suitible for employment. Then they tried the incompetentcy game with me, didn't work, the Dr gave me a written and signed statement that I was not suitable for employment but could manage my affairs, copy to me, to DAV, original to VARO certified return receipt. Don't give up ever! The brother and sister veterans that are members of this wonderful site helped me and they will also help you. Do what they suggest and keep copies of everything!! Good Luck!

The person who has nothing for which they are willing to fight,

nothing which is more important than they're own personal safety,

is a miserable creature and has no chance of being free,

unless made and kept so by the exertions of better persons

than himself.

Semper Fi

pigdriver

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You can get TDIU even if you retire for reasons other than SC disability. You are doing the right thing to get medical opinions saying due to your SC condition you can't work even though you need to and want to work now. They did the same thing to me more or less. I retired on disability, but the VA said it was a different disability and not solely due to SC condition. It took an appeal and some IMO's to win.

Thanks I just cannot figure it out is that 1. I meet the current rating condition % wise to qualify for TDIU as I am @ 90% so the ball jsut keeps rooling down the road I guess. I am going to print out the regs attach all of my medical records and let the people who open my file the next time that they screwed up again. I say this as in their records the VA states they have all the records for my SC Back issues and the VA has all of my civillian SSDI info they jsut try to ignore the evidence. But I hope I have your same results. I am going to sit down and copy and paste the regs and disect my claim. I apriciate the help and It helps to ask questions. At least for me it is.

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Request a DRO Hearing take someone with you and present the evidence and tell the rater that no matter what the business said you quit cause you had to

Good Luck

Thanks once again I am going to file and request a DRO hearing this week. At least I can lay out my claim and try to show them where I am with all of my SC injuries and see what they do the hardest thing they can do is say no. At least they cannot do a squad circle and nail me from behind like in boot camp. Kidney punches were hard back then. Have a good weekend Pete

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Request a DRO Hearing take someone with you and present the evidence and tell the rater that no matter what the business said you quit cause you had to

Good Luck

Can I request a DRO hearing for an appeal at the VARO level before it goes to the BVA? I have about a week left on my 60 days that allow me to ask for a hearing I was told this and it is also in the appeal letter that instructed me to file a form 9 before it is too late. I really apriciate the help on this. I was encouraged that the VA had scheduled me for all of the C/P examsbut they were only in accordance when I filed for A/A with my back. I did forget to mention I was down there last week asking about my options but I never get the one clerk (Veterean herself) who knew her stuff around appeals. They told me my file was pulled and was being reviewed. I asked but got no answer as to who had it. I hope they are working on my 8 year old claim that I won at the BVA and had it remanded back for review. My one of only a few victories at the VA. Thanks again and if you have any more pearls of wisdom I willl take them.

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