tdiu 60% And Tdiu

[cooter]

Ok folks, I need some opinions. First of all, I'm rated 60% for a unsuccessful surgery on my total knee replacement back in 08'. Back in 2010 I filed a claim for TDIU due to the knee and was denied stating I could sit behind a desk and work. I then filed an NOD and finally had my C&P exam this morning. During the exam the Dr said my bionic knee had come loose, which I figured something was, cuz it was making it go snap, crackle and pop all the time. Does anyone have any opinions on this being granted IU?

Coot

[71M10]

We all have opinions....some right and some wrong.

My sense is TDIU on just the knee is going to be a very long and hard row to hoe! If they go back in to take the snap crackle pop out of it, you could qualify for temporary 100%.

Do you have any experience behind a desk? You could always ask for rehabilitation training to give you the skill sets necessary for a desk job, before they do that they will evaluate you and determine if you qualify. If they determine that your VA disabilities are severe enough that it isn't viable to rehabilitate you, you have a strong VA generated statement supporting IU.

Others on the board are much more knowledgable on this subject.

[boomer2]

Are you on SSD? If so, that will help the TDIU. If you are not on SSD you should apply. One should help the other.

[broncovet]

TDIU is not JUST about disability percentages...its more about your ability to "maintain Substantial Gainful Employment".

If you are not working, and especially if your doc opined that you cant work, then by all means go for it, regardless of your disability percentages.

The VA regurarly lowballs and one of the reasons they do this is so they dont qualify for IU. You have to appeal those percentage disabilities if they are low.

[cooter]

Thanks guys for the comments, as I hopefully will hear something in about a month or 2. Like I said earlier, this claim has been going on since June 2010.

I find it hard to understand why they wouldn't give me at least a temporary TDIU til they fix or replace the one they implanted that was bad from the day of surgery, which was over 3 years ago.

I've checked just about everywhere about the guidelines for this type of situation, and failed to find anything in reference. If anyone has any info on where to find this, It would be appreciated.

Coot

[cooter]

Boomer2>..I don't qualify for SSD due to working with the feds and medically retired under the old ret. system.

bronco>...I do qualify for IU due to being 60% for a single disability.

71M>....Rehab is probably the route I might go