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iceturkee

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iceturkee Proficient

iceturkee

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i just got my official notification letter from the va regarding my request for depression secondary to my service connected back condition. they gave me 30 percent which raised my overall to 60 percent. but because the doc wrote that because my depression oftens causes social isolation, it would be highly unlikely that i would ever return to work, even in a desk job. i retired in 2001 because of other medical issues.

.the letter says we have deferred a decision of individual unemployability pending development and examination. it further stated an exam would be scheduled shortly.

my quandry is that i am trying to get my percentage to at least 70 or higher. i don't know if i have grounds to file a NOD (about the only statement in her exam that would come close would be the social isolation one) or re file the two orther claims which i severed from this claim i originally filed last october.

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john999 Grand Master

john999

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Have you filed the official TDIU form? It sounds like the VA is considering TDIU for you regardless of your rating of 60%. If you cannot work due to SC disability you are entitled to TDIU even if your rating is 10%. If the VA decides you are TDIU they will bump up your rating to fit the profile. This is how they often get around the percentage requirement. I would keep an eye on the NOD one year rule.

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iceturkee Proficient

iceturkee

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Have you filed the official TDIU form? It sounds like the VA is considering TDIU for you regardless of your rating of 60%. If you cannot work due to SC disability you are entitled to TDIU even if your rating is 10%. If the VA decides you are TDIU they will bump up your rating to fit the profile. This is how they often get around the percentage requirement. I would keep an eye on the NOD one year rule.

no, i haven't but i was told last week when regional called that the va would be sending the necessary paperwork sometime this month and the guy mentioned the tdiu form.

my gut feeling is to see where this goes in the next few weeks before filing the NOD. but i am all ears.

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john999 Grand Master

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I think I would wait and see if they send me the TDIU form. If they schedule your for an exam for TDIU I think you are getting close to an award. The thing about TDIU is that it must be solely for your SC disabilites, so you want all your evidence to show that you are unemployable due to solely to your back and your depression.

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iceturkee Proficient

iceturkee

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I think I would wait and see if they send me the TDIU form. If they schedule your for an exam for TDIU I think you are getting close to an award. The thing about TDIU is that it must be solely for your SC disabilites, so you want all your evidence to show that you are unemployable due to solely to your back and your depression.

i understand, as i have a considerable amount of physical problems that are both service and non service connected in nature.

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Berta

Berta

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DOnt forget to add any major side affects of the SC meds you take on the TDIU form (Under @ 25) because some SC meds are so strong and have such severe side affects that they can interfere with employment as well as the actual SC disability.

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.

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iceturkee Proficient

iceturkee

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DOnt forget to add any major side affects of the SC meds you take on the TDIU form (Under @ 25) because some SC meds are so strong and have such severe side affects that they can interfere with employment as well as the actual SC disability.

like the methadone i take for my back?

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