hypertension Tdiu @90% Frustrated

[oldman273]

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

[john999]

If you want to plan your disability retirement make sure you retire for your highest rated SC condition. If you are rated 50% for PTSD and have five other 10% ratings you retire for PTSD. You file for SSD based on PTSD. You request TDIU based on your total rating, but basically the PTSD which is what makes you unemployable I learned all this the hard way, and I was lucky.

[handler]

Berta, I am not trying to hijack this topic but could you point me to some information about your statement:

"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 am filing a NOD for my 100% PT EED here shortly. I have been totally disabled by SSDI solely for IHD since 1990. Having not filed for comp for IHD since 2010 I am wondering if this even applies.

Thanks,

Handler

[Pete53]

Eagle:

Congrats on your win and also figuring out that behind all the VA hype about helping Veterans it is most unlikely that they will give you anything that you waited for or did not ask for in the first place.