hypertension Applying For Tdiu And Already Retired

[oldman273]

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...

[john999]

Yes, you can ask for the DRO. You should get proof that you submitted the DRO request on time. You don't want something getting lost at the VA and you not have proof they got it on time. I would get a date stamped copy of my DRO request if possible. After the DRO if you lose you can still go to the BVA but lets hope you win at your DRO Hearing. I would ask for a personal hearing with the DRO so you can explain all this to a person.