Help With Tdui Question

[GoldDvlDog]

After my post yesterday i started haveing new problems with my ms. My doctor is thinking i may have a worse type of ms as first thought ive lost my vision in left eye and instead of my symptoms relapseing then remmiting they are now daily. Is there such thing as emergency tdui? And if so how does one go about this.

[carlie]

Is there such thing as emergency tdui?

I've never heard of any emergency IU, but there is a chance of getting claims expedition

due to hardship - if that apply's to you.

Have you appied for or do you already receive SSA benefits ?

[GoldDvlDog]

Ty carlie, i have not applied for anything nor do i know how to start lol.

Well the only thing ive done is a va initial claim

[Berta]

Is the claim for the MS?

Do you fall under the Chronic Presumptives regs posted here the other day-

in other words, did your MS manifest itself either by diagnosis in service or at a level of at least 10% within the first 7 years after service?

Often MS presents itself as symptoms which might be documented in your SMRs yet could only be attributed to MS.

This BVA decision shows what I mean:

http://www.va.gov/vetapp09/Files1/0902012.txt

in part:

After review of the evidence of record, the Board finds that

service connection is warranted for multiple sclerosis.

Initially, the Board notes that the veteran and his

"friends" are competent to report the symptoms the veteran

exhibited both during service and soon thereafter, and the

Board finds the histories credible. 38 C.F.R. § 3.159(a)(2);

Layno v. Brown, 6 Vet. App. 465, 471 (1994). Additionally,

the Board finds the multiple medical opinions which indicate

that the reported symptoms are consistent with multiple

sclerosis are both competent and highly probative. The Board

notes that the opinions were not provided after a review of

the entire record. Such a review is not required, however;

the mere absence of a review of the record does not strip an

opinion of its probative value. See Rodriguez v. Peake, No.

06-312 (U.S. Vet. App. Dec. 1, 2008). In contrast to the

positive opinions, the Board finds that the VA examiner's

opinion has diminished probative value. This finding is

based on the fact that the examiner neglected to discuss the

veteran's history of eye trouble at separation, his history

of muscle spasm and cramping in 1968, or his history of

spastic paresthis, progressive difficulty with coordination

and balance in June 1983. Additionally, the Board notes that

the examiner does not discuss the fact that the June 1983

treatment record suggests that there are previous treatment

records which have not been obtained (the record cites to an

old chart). Based on the suggestion of possibly absent

relevant records, the Board finds that the mere absence of

medically reported symptoms should not be a dispositive

factor in making a determination. Thus, based on the

competent and credible histories provided by the veteran and

other persons and the multiple competent and probative

opinions, and resolving all reasonable doubt in favor of the

veteran, the Board finds that service connection is

warranted.

ORDER

Service connection for multiple sclerosis is granted.

You might want to check out the SVR radio show that is scheduled for next week. The guest ,Dr. Bash, who does IMOs (independent medical opinions) is also a disabled veteran who has multiple sclerosis.

Edited September 21, 2011 by Berta

[71M10]

They will not be able to address TDIU until they have actually rendered a decision on service connection. If you have turned in all medical records and responded to all notices and requests for infromation from the VA, you are pretty much in line waiting. In your last post you indicated you were still working. If for some reason the change in symptomology forces you out of the workplace then you should file the updated medical records with a request for hardship(consider a SSDI filling also).

You can at any time in the process request a meeting with the VA whether it is considered and informal conference or a hearing is really up to the VA. You might request an informal conference and discuss with them the idea of of rendering a decision on your presumptive conditions(simple action) and deferring the others that will require much more time to actually work up for a decision. However any time you ask the VA to do something they are allowed to do but they don't normally do you risk them screwing things up!

Best regards,