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Guidance Needed


gooz87

Question

i am new here to the site and i'm in need of some help. any help would be greatly appreciated.

i have put in for TDIU. i didn't know that i could ask for a rate increase so one day while i was at the VA i stopped and asked a VA rep about it. He told me that i should have come in A LONG TIME AGO and that if he were the one to have done my initial claim when i retired in 08, that i would be 100% w/o a doubt. I am not working and haven't since retirement.

according to my rating decision sheet, i am sc'd at

50% for PSTD INCLUDE INSOMNIA AND COGNITIVE DISORDER

30% POSTCONCUSSIVE HEADACHE OF THE TENSION TYPE DUE TO MILD TBI (CLAIMED AS MIGRAINES)

20% RIGHT PECTORALIS TEAR WITH RIGHT SHOULDER TENDONITIS

20% LEFT PECTORALIS MAJOR TEAR WITH LEFT ROTATOR CUFF TENDONITIS

10% RIGHT FOOT DJD WITH HAMMER TOE/HALLUX VALGUS TO INCLUDE RIGHT FOOT BUNION

10% LEFT FOOT DJD W/HAMMER TOE/HALLUX VALGUS TO INCLUDE RIGHT FOOT BUNION

10% LEFT KNEE DJD TO INCLUDE PATELLOFEMORAL SYNDROME

10% RIGHT KNEE PATELLOFEMORAL SYNDROME

10% ANTEROLISTHESIS CERVICAL SPINE W/MYALGIA AND MYOSITIS

10%DEGENERATIVE DISC DISEASE THORACOLUMBAR SPINE, ALSO CLAIMED AS LUMBAGO

10% MELASMA

0% RIGHT FIFTH FINGER STATUS POST TENDON LACERATION

0% RIGHT GASTROCNEMIUS TEAR

now that sure was a mouthful of info to put out. i was advised to drop a packet for a temporary 100%TDIU status back in july on 2011 because i got micro fracture surgery done on my right knee. then i was told by the VA rep to change that and go straight for TDIU and look into getting soc sec. i was then called up and told to look into asking for 100% p&t so not knowing any better, i did that. i also figured that i should probably be represented by someone with A LOT MORE knowledge about these things than me so i went to the DAV. i made up a POA with them and i'm waiting to hear something but no one there has contacted me about anything so far.

i was directed to re-do all of my c&p exams and i finished those up in november. i went in tuesday of this week (01-07-12) to see where my claim was and a different VA rep told me that it was at the rating board for a decision but they kicked it back for some reason or the other but he didn't know. he tried to call the actual person that had my claim but was unable to reach him so i am in a holding pattern as of now. that is where i stand. i kind of feel like i went about filing my claim the wrong way so i may have hurt my own chances by doing so. hopefully not.

any input and/or guidance as to what i should do would be greatly appreciated. thank you all for your service too!

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It sounds like if you are "unable to maintain substantial gainful employment", you should be eligible for TDIU. This normally means that you are not only not working, but that you are not working due to SC conditions. Have you been fired from a job, and, if so, what were the reasons given? The VA will likely be contacting your most recent employer, if they have not already, when you apply for TDIU.

Mostly it boils down to "evidence". For example, did your doctor give an opinion that you were unable to work due to SC conditions? If your VA doc did so, then you are in for a long fight, but if he did not, then you will likely need something like this from an IMO/IME. Your doc will often need to explain why your SC conditions preclude your employment.

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Whenever you apply for TDIU it is considered a claim for an increase. Should your percentage increase to 100% then your claim for TDIU is mute. Leave your claim as is at this point. If you qualify for the temporary 100% for your surgery that will also be considered in the rating. Make sure the information for your period of convelesence is part of the record. I wouldn't change courses at this point.

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Yes, if you have "put in" for TDIU, there is nothing you can do but wait...and make sure all your

"ducks in a row". This would include:

1. Review your C file. If you dont have one, order it, then review it.

2. Pay attention to C and P exams, and note when you first told the doc you were unemployed.

3. Fill in the formal TDIU form, if you have not already, and mail it in certified mail return receipt requested.

4. Follow up, as the VA has been known to "lose" these things. They also sometimes just forget about claims and dont adjuticate them at all. You need to follow up and ask them the status. You should get or soon should get a letter from the VA asking for verification from previous employers. If you dont get this, progress is not being made on your claim, and if you dont want to wait 10 years, then be sure and ask them why.

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broncovet, i do not have a copy of my C File. how would i go about getting one? once i get it, what is it exactly that i should be looking for?

I haven't worked since i retired due to my PTSD issues and lots of moving around. i do have copies of my medical records from the st. louis VA, the louisville VA, and the South Carolina VA.

i think i have filled out and submitted the TDIU paperwork. that's why i had all my c&p's re-done.

please let me know if there is anything else i need to be on the lookout for.

thank you for the great advice.

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