Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Tdiu @90% Frustrated

Rate this question


oldman273

Question

Well I sit here with these SC 10% hypertension, 30% Migraines Diagnosed as SC to Hypertension, 40% DDD, 60% Hypertensive heart disease and 10% for tinunitius. I am at a sticking point as I was retired for 1 of my SC issues the Migraines which were linked to my Forced retirement back in 2001 from my Civilian Job. What I am getting from the VA is that since the claim I put in for IU DDD after 3 surgeries and a statement from the surgeon who did my last surgery , 3 level spinal fusion I had been turned down on my appeal at the VARO level. Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU. I had to fight to get the intial rating for migraines but the VA claims they are follwing the guidlines based on my reason for retiremnt. I had posted on some issues before but how do I bring this up in my DRO hearing? I have not recvied a notice but I am stalking my mailbox. I put in for Tempoary 100% following surgery but they just now found the claim. I have had all of the C/P exam and I am on oxyegen Theraphy for the migraines plus 4 medicines but the examiner tried to hose me I had to submit a statement in Support to get the number of trips to the ER which are documented in the past year. I stay in chronic pain I am on Morphine and so many other drugs that if I could take them and drive. That is about all I have I have looked up the regs for IU am I missing something? Thanks

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If I had all those nit picking percentages I probably would be very depressed. If I was depressed I would file for secondary rating

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

"Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU."

What kind of rationale are they stating to somehow separate the back disability in the SSA records from your SC DDD?

"but the VA claims they are following the guidlines based on my reason for retirement"

What reg did they cite?

Do you have a vet rep with an office in or near the RO who could be with you at the DRO hearing?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

"Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU."

What kind of rationale are they stating to somehow separate the back disability in the SSA records from your SC DDD?

"but the VA claims they are following the guidlines based on my reason for retirement"

What reg did they cite?

Do you have a vet rep with an office in or near the RO who could be with you at the DRO hearing?

Thanks for you and Pete giving me an idea but I had filed for Depression and chronic pain from DDD SC but the VA put those claims into another folder for devolpment. I was retired for PTSD and Migraines vascular in nature. My PTSD and the reulting stresses put my awareness into overdrive and my blood pressure is hard to control. I am on 6 differnt meds for hypertension and heart migraines. I had to fight using my Service records and treatment records for proff of headaches in service which were reffered by corpsman as hypertension headaches.

The VA denied me IU based on the fact that my employer correctly listed PTSD and Headches which were diagnosed as Migraines from my hypertension. The VA stated in the rebutal or SOC that since I was not retired because of a SC condition I claimed it was my back and my Heart/hypertension. I have not went with my local VA county Rep who represents Veterans as I had problems in the past. Poor representation but a new officer came in and is doing pretty good but I felt that even though I was @ 70% a few years back before I joined your group I took that bad advice and did not apply as the former rep told me at 70% with a 60% and 2 10% I was not eligible for IU. I applied for IU turned down after my 3rd back surgery I put in for TDIU based my Surgeons letter laying out my SC back injuries resulted in advanced arthritis beyond my age from my SC back injury in Service. He also wrote that as result after being my Doctor over 4 years my back could not allow me to work or seek gainful employment.

I contacted the Probono lawyer for help even though this claim was not part of their offer He called me last week and said his office was working on listing or laying out the case with the regulations that I am unemployable due to my SC Back. I have read the regulation 38 CFR 4.61 and do not see how they can claim that I am employable as I was not disableded because of my Current % and that my surgeon wrote and evidence was submited by him for A/A also as my back will not allow me to fucntion or dress or bathe myself without help. When I get the reply I am getting from the Law Group I will post it the lawyer has looked at all my records and my Military records and treatments by every Doctor who has did the surgeries and feels like I should have been granted TDIU but you never know how the VA will try to lowball or deny deny deny.

I had thought that since my Migraines caused me to miss work and eventually be retired from my Civlian Job I should have fought it but it took me 3 years just to get a small rating for migraines. I had no idea that I could use the original reason for being retired but both civillian and military mental health Doctors have linked increased hypertension which is what caused my blood pressure to stay higher than normal. I hope I can get a DRO to look at the issues but they seem to stand on denial even though I have the evidence of everything. I had a cat scan of my brain and it showed lesions on my brain from the constant migraines I try so hard to live a calm life as free from stress but dealing with the VA would make the most rational person scream in anger.

Link to comment
Share on other sites

I realize that this is an old post, but the subject line hit home and I just got my VA decision letter in the mail today on my TDIU claim. Bear with me, I'd like to share my story.

Like you Oldman, I, too, am rated at 90% and have been since Sept 2009. I got out of the military in June 2002 after suffering a back and leg injury and dealing with an unsuccessful surgery. At the time I was rated 20% on discharge and started a civilian career. Over the years, my condition steadily worsened in spite of additional surgeries, doctors, and treatment modalities. Along the way, I sought treatment from VA and non-VA providers. As my symptoms worsened and new and exciting pain sources popped up, I would file a claim for additional compensation with the VA every 2-3 years. By 2007, I was rated 50% and my daily life of work and family was becoming an endurance test. In Feb 2009, I was no longer able to continue working due to the pain, muscle fatigue, nausea, and several other symptoms. While out on short-term disability and awaiting approval for yet another procedure, I was fired from my job in April 2009. At this point in April 2009, I was rated at 60% and had been waiting for 12 months on a VA claim filed in April 2008 - a claim that argued for a higher % rating and compensation.

At this point in my life, with no job, no income and a wife and two kids to support, I was waiting on the VA (and SSA) to make a decision. After working for and suffering with a steady increase in pain for 10 years after my in-service injury in Sept 1999, I knew that I had lost the good fight to remain working and I recognized that I was totally disabled. My strategy was that (1) I would wait for a VA decision (one that I was sure would put me at 70% or higher) and (2) then file for TDUI based on the higher rating including (hopefully) a positive decision from Social Security (SSDI).

While researching TDUI claims on the Net, I discovered this forum and one single truth shone through all the posts: DON'T WAIT TO FILE A TDIU CLAIM. Despite all the warnings from the VA about delaying my April 2008 claim and 'messing up the claims process,' I spent a week putting together a TDIU claims package and mailed it off to the VA in May 2009. Since filing my TDIU claim in May 2009, I received a VA decision on my April 2008 VA claim in Nov 2010 bumping me to 90% effective Sept 2009.

Today, August 15, 20111, I received the VA decision letter concerning my TDIU claim filed in May 2009 - filed in large part to the single truth held within these forums: DON'T WAIT TO FILE A TDIU CLAIM. What was the decision? The VA has awarded me TDIU and 100% disability with Special Compensation amounts EFFECTIVE MAY 2009. the month I filed for TDIU. In addition, I am entitled to 30 months' of retroactive compensation and my wife and kids are entitled to all Chapter 35 benefits: CHAMPVA, education, base privileges,etc.

Shortly after reading the approval letter, it occurred to me that, had I waited for the April 2008 claim, I would have filed my TDIU claim in Dec 2010. Given that it took the VA 15 months to make a decision on my TDIU claim, I would have been waiting until April 2012 for a decision, at a minimum - another 8 months from now.

I want to personally thank the founders of this forum and all the vets who have taken time to post their experiences on this forum. Moreover, I want to thank the senior posters and founders who continually help vets fight the good fight with the VA and get what they deserve. Finally, I want anyone who has made it this far in my post to walk away with at least one takeway: DON'T WAIT TO FILE A TDIU CLAIM .

All the Best and God Bless the United States and Her Defenders,

Eagle

Edited by Eagle
Link to comment
Share on other sites

WOW_ I am SO glad you got the proper award and the bennies for the dependents too!!!!!!!!!!!!!!!!

TDIU claims should usually be filed YESTERDAY!!!!! You are right!

Also if a vet gets SSDI for solely the same conditions TDIU is awarded for- and if the SSA award EED precedes the VA award EED by at least one year-then the veteran can potentially get the SSA award date as the EED if it is more favorable then the TDIU date.

I always give my husband's claim as example.

Formal TDIU app filed late 1992.He was at 30 %.

SSDI award in 1993 for PTSD with Nov 1991 as EED.

VARO retro posthumous comp award 1997- SC PTSD 100% P & T with EED of Nov 1991-the earliest date per SSA that entitlement arose.

CONGRATS!!!!!

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

I can't stay focused long enough to read & comprehend the posts for 90% TDIU etc. Have a vet in my group & I see his sad face every week for two years. Trying to get TDIU from the 90% & JMHO if he didn't file for 12 things in the first place & then ask for increase on the 3 that were granted & then add some more issues(get where I'm going) & on & on he would have been 100% long long ago. I'm not a SO, but this ain't my first rodeo..I would try to file & pursue things that had the largest percentages first. How before I get hit up side my head, go ahead & file for 20 things & be happy. When you have all this 30%, 10%, 20%, etc going on & then retire from work on one of those issues & then file for SSD on one of those issues you are wide open for the VA to shot you in the ass & say that you left work for some other reason or that they can fix you. Have a good friend that is ate up with PTSD & has problem with his non-service knee. He kept complaining with that knee. Told him million times get the knee fixed do what ever you need to do, but when it's time to get the 100% & SSD don't even mention that knee. When he finally saw light had 100% maybe 5 months later.

Good luck with your claim & I'm not beating you up. Guess I wish that the SO & others would think before they go crazy with these claims.

Don

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use