tdiu Va Benefits For Surgery, Recovery?

[Confirm orDeny]

I am a 25 yo GWOT veteran that is 50% SC with another claim pending.

While in the military I suffered from multiple injuries to my lower body which have been documented and I was awarded disability for Right lower extremity shin splints and a stress fracture in my right first tarsal metatarsal but have suffered from problems with instability in my ankle and right leg since.

Recently I fell down a hill at a park and severely sprained my ankle, broke my fibula and tore almost all the tendons in my ankle and leg.

I have to get multiple surgeries, with the first on thursday(3 days form now) and am in a temporary non walking cast but will be unable to bear weight on my leg for at least 6 months.

I am wondering what benefits I would be able to receive at the moment. I was working a job but my boss was paying me under the table and I wasn't paying into social security or unemployability. I was using the Chapter 33 GI Bill but I don't have a car and getting to school or anywhere is a challenge.

Also I don't have any family or siblings so I don't have anyone to really rely on or anyone to help me out, just my girlfriend as she can and I don't have a back home to move to.

I don't want to move into a halfway house or a homeless shelter, I just want to know what services or stopgaps exist for a situation such as this.

So What benefits or services should I look into?

Thank you very much.

[Chuck75]

The problem is that the VA often takes quite a long time to do much of anything.

That aside, a treating doctors medical opinion (IMO) that your in service injuries caused/contributed to your fall, and subsequent further injury would be quite helpful.

I'd apply for TDIU, and SSDI as soon as possible if I were you. Even though you may not have (at your age) paid enough quarters into SSA, it's possible that you might have benefits available from your parents accounts.

The VA seems to not care if a veteran is or is about to become "homeless", unless you are at the right place and time.

It's remotely possible that a VA residence program might be available and appropriate, at least until you recover.

If you can possibly get to a VAMC and or a VARO in your vicinity, It might be worth your while to apply personally for benefits.

Since you are a recent veteran, (from your age) there are possibly some benefits available to you that us older veterans do not have.

Edited May 29, 2012 by Chuck75

[Confirm orDeny]

Thanks, Its extremely difficult to get to a service officer at the moment, I'm currently stranded at my apartment but I'm trying to get in to see one tomorrow.

And I know the VA doesn't care if you are about to become homeless...I don't need to be reminded. ;)

My Father def paid more than 40 quarters into social security, and I think my other may have also and I think I only paid 10-11 quarters.

I was working with the DAV on my last claim and I've had to ditch them as they completely screwed the pooch on my claim. Every single Item I insisted on sending with my claim the SO w/DAV refused to send it with, even arguing. Then lo and behold the VA gives me less than a month to get all documentation into them and they asked for every single thing my SO @ the DAV refused, and I've had a bad experience with a lot of service officers and I have been discriminated against, one even openly telling me he didn't think younger veterans deserved disability pay at all because we didn't have it as hard as people in his day had it.

[Confirm orDeny]

From what I gathered a lot of it has to do with my Surgeon saying More likely than not that the injury was caused by my service connected disabilities, signing off on TDIU, and stating the # of month I will be unable to work.

If the surgeon decides it had nothing to do with the service connected disability i have likewise gathered I would be entitled to nothing and I have inquired about Social Security and I'm not eligible for that either.

[Confirm orDeny]

UPDATE:

Talked to a Service Officer today and for the amount of time I have to do Physical Therapy and be off my feet for surgery (12+ months) i should be able to get plus'd up to 100% from 50% in retrospect but it'll probably take about 3-6 months(because GWOT claims are accelerated, and for the specific county I'm living in please don't reply to this and argue about the time frame) so I'll get TDIU for every month that I have to convalesce.

I have my first surgery on Thursday but then I have to be in a wheel chair for 8 months at least, but they'll provide me the wheelchair and i'll be able to get picked up and dropped off through their van service for every appointment that I'll have...which was a royal pain to set up, but I got it.

[carlie]

http://ecfr.gpoacces...1.98.26&idno=38

4.30 Convalescent ratings.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release.

The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.

(a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in:

(1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.)

(2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.)

(3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.)

A reduction in the total rating will not be subject to §3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physcial examination will be scheduled prior to the end of the total rating period.

(b) A total rating under this section will require full justification on the rating sheet and may be extended as follows:

(1) Extensions of 1, 2 or 3 months beyond the initial 3 months may be made under paragraph (a)

(1), (2) or (3) of this section.

(2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a) (2) or (3) of this section upon approval of the Veterans Service Center Manager.

[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 FR 28586, May 17, 2006]