tdiu Seeking Guidance From My Old Friends (And Hopefully Some New Ones)

[rentalguy1]

The folks who have been on this board for a while know me, and know what my last VA battle entailed. A quick rundown for new folks, or the old ones that have forgotten, though:

I am 90/ TDIU/ P&T since October 2008. I have not had any C&P's scheduled, and it is written in my last decision letter that no more will be scheduled. I've been around the VA long enough to know that what is written in that decision letter and a dollar will get you a cup of coffee, though. I have several conditions that are currently SC'd and rated. The list is:

Neurogenic Bladder - 60%

Intervertebral Disc Syndrome - 40%

Mood Disorder Due to a General Medical Condition - 30%

Sciatica - 10%

Left Knee - 10%

Right Knee - 10%

Hearing Loss - 10%

Tinitus - 10%

Left Foot Plantar Fascitis - 10%

I have moderate to severe central canal and foraminal spinal stenosis, facet joint arthritis, and degenerative disc disease in my entire lumber spine. I also have healed compression fractures at T-11, T-12, and L1. This has led to a foot drop on the right side that I have to wear a AFO brace for. I have a torn meniscus and sctretched PCL in the right knee, and "runner's knee" in the left knee. I have to take about 30 pills a day in order to function at a minimal level, and have been doing so for many years.

In the last 2 years, I have started to go downhill in many areas. The medicaations have caused me to have chronic abnormal liver enzymes and chronic gastritis type symptoms. I took a fall in 2010 when I tripped over my droopy foot and injured my right shoulder. Last winter I started developing sciatica on the left side, and last month I was diagnosed with bursitis in my left hip, which is every bit as debilitating as the back pain.

While researching on Hadit for a friends claim, I found a Fast Letter from 2010 regarding TDIU. It states that if a veteran is rated as IU based on a single issue, then that issue is considered a total (100%) rating for the purpose of assigning SMC - S. I am thinking about filing a claim for the S award based upon my IU for IVDS (the condition used in the VA's decision to grant me TDIU) and having a 60% award in addition. I am also thinking of filing a claim for a K award based upon the right side foot drop. Since I would already be filing, I am thinking I might as well ask for SC for the shoulder injury, hip bursitis, left side sciatica, digestive issues, and elevated liver enzymes. I would also seek a increased rating for the right side sciatica, due to the foot drop and possibly attempt to reopen a claim for GERD that they have denied a few times, but I almost got overturned on a DRO review in 2009 (they wanted to scope me for the C&P when the findings of that test weren't pertitnent to the rating criteria in any way, so I said no).

The thing is, I know I am already considered 100% P&T. I know I may get a schedular 100%, but I don't know if it would effect my P&T status. I know the additional schedular ratings would not increase my monthly compensation amount, but the two SMC awards would. However, I don't really need the extra money, since we are doing fine right now. My main points for wanting to do this is 1) I have legitimately earned the ratings, and feel I should be compensated for them, and 2) I want to have the digestive system, liver abnormalities, and GERD SC'd, because any one of them could turn into a life threatening condition down the road (should I die of a SC'd condition my family would still have some benefits).

My head is telling me to file these claims for the main reasons I just stated. My gut is telling me that I am currently off their radar screen and will be for a long time because of the OIF/OEF vets filing their claims, and the enormous backlog of claims that the VA is currently dealing with. Knowing that, my gut says to let sleeping dogs lie until they wake up on their own. In other words, my gut is saying when the VA decides that they didn't really mean P&T when they put it in writing, and call me in for a C&P, I could file the claims then. What do you guys and gals think? Go for it, or leave it be?

[Philip Rogers]

You are never really P&T until you've reached the 20 yr mark. On one hand, if you don't need the money - why bother, but on the other hand if you would be entitled to the additional money, ie: qualify for it and it could improve your quality of life - why not! You've giiven up a lot, due to your service!! The decision is yours. Looking at your ailments, I doubt the VA would reduce you, however you never know w/the VA. jmo

pr

[stillhere]

Interesting read wehther to go with a gut feeling or not and off the radar. A friend of mine who is 90% and not IU just filed for sleep apnea but he cancelled it when the VA sent him a form asking to proof he had boots on ground service.

Seems he served as a marine but on board a ship and was approved for DB2 and a bunch of other stuff before the VA quit checking real close on where vets served. So rather than gp after the sleep apnea he asked them to just drop it, Even though he said he has proof of being in Danag Harbor and also on a helicopter ladning and takeout of a few marines.

I agree that anytime you contact the VA you take a chance of them going back through your records. Sad as it is I am sure there are other vets that have gotten through either by mistake or whateve but i would not want to go through the process again.

[71M10]

My thought process has been, if it isn't likey to kill you or substantually improve your financial situation it isn't worth the risk of having them mess with what you have.

Clearly you have identified some liver issues that make me think it has the potential to become of life threatening issue and if the GERD is serious it could (on the extreme) cause a hemorage.

The S and a K award thrown is easily a car payment or boat payment.

If I knew my rating/current condition on the neurogenic bladder and mood disorder were rock solid I think I would file.

My nickles worth (used to be 2 cents before quantitative easing)

Best regards,

[john999]

I would go for the SMC's since that is an extra $400 plus a month tax free which equals about $500 taxable. I feel the same way as you about most of the small stuff, but if you are falling or having mobility problems that are increasing your compensation may increase due to different SMC over time. If you don't need the money right now save it for the day you are not around so your spouse will have it. None of knows how long we will live. I got "S" and "K". Bradley vs Peake handed me "S" and two years of back pay as well since it was handled as a CUE back to 2008 to 2010. I say go for it.

John

[Capt.]

Hello Rentalguy,,,,,,,man , bro , its good to see you back. Its been a long time.

I am sorry you are having to go thru so much with this but since I last talked to you , you were in a huge battle with them.

Ok , if it were me I would say....... the devil with the VA. I think John and 71M10 are right on and Philip has a good point but then again you don't know how long you have and if your condition gets worse,,,,,,,then what? You are now dealing with alot of secondary problems that could easily be caused by your service connected issues. I did not list them because you already have and know what they are. A solid IMO is all you are needing to lock them in but you know that also. I would not waste any time with it and I would get those filed ASAP. I would be trying to go as fast as possible for the S award because of the fact .......I knew you back 6 or 7 years ago and you have DEFINITLEY gone down hill fast. Your personal time line is shortened and I would not worry about the chance of VA trying to reduce you at this point. If they try then its lawyer time and at this point you have too many positives and not that many negatives in your claims situation.

My personal opinion on the question of TDIU verses 100 % Schedular is that the Veteran should always try and get 100% schedular over TDIU. It is a matter of not having to fill out the IU yearly paperwork and that 100% percent schedular means you can still try and do some work even if it is marginal. Let the VA catch you working on TDIU and I can almost assure you that your rating could change quickley by the VA. Also if the S award comes on the schedular it will be much harder to reduce you below that later because of some error by VA in TDIU territory. I also believe that somewhere down the line the VA is going to take up new positions on TDIU that will be hazardous to any Veteran with TDIU. It is all about the money and the VA is rather tight to say the least.

This is just what I have seen from so many Veterans and from what the 38 CFRs with the rating schedules and M21s. I also believe it is the "path of least resistance" and it sounds like you could need alot of that. As always Shane .........Please........... NEVER GIVE UP. God Bless and good to see you back. C.C.

Edited June 12, 2012 by Capt.Contaminate

[carlie]

I have several conditions that are currently SC'd and rated. The list is:

Neurogenic Bladder - 60%

Intervertebral Disc Syndrome - 40%

Mood Disorder Due to a General Medical Condition - 30%

Sciatica - 10%

Left Knee - 10%

Right Knee - 10%

Hearing Loss - 10%

Tinitus - 10%

Left Foot Plantar Fascitis - 10%

While researching on Hadit for a friends claim, I found a Fast Letter from 2010 regarding TDIU. It states that if a veteran is rated as IU based on a single issue, then that issue is considered a total (100%) rating for the purpose of assigning SMC - S.

I am thinking about filing a claim for the S award based upon my IU for IVDS (the condition used in the VA's decision to grant me TDIU) and having a 60% award in addition.

rental - I don't know that I would count on that fl, in your situation and current evaluation for ivds.

I am also thinking of filing a claim for a K award based upon the right side foot drop.

rental - I would file for the smc/k, - just get the solid evidence lined up good

and submit it with the claim for smc/k.

My head is telling me to file these claims for the main reasons I just stated.

My gut is telling me that I am currently off their radar screen and will be for a long time

because of the OIF/OEF vets filing their claims, and the enormous backlog of claims that the VA is currently dealing with. Knowing that, my gut says to let sleeping dogs lie until they wake up on their own. In other words, my gut is saying when the VA decides that they didn't really mean P&T when they put it in writing, and call me in for a C&P, I could file the claims then. What do you guys and gals think? Go for it, or leave it be?

rental - I have seen some horrible things happen to some VBA claimants that are 100 percent

P&T, when they submitted claims for additional, HB / A&A etc . . .

Personally, if it isn't something that I really need - I have made my personal decision to remain

very quiet around all those sleeping dogs.

I could submit a request/claim for reimbursement of dental work going back to 2004 due to my

100 percent P&T effective date going back to then -

this would be about 10 K - but I'm not going to for a few reasons.

The VBA claims process can be/is brutal and stressful,

the process taught me that it's so true - -

stress can freaking kill you or make you sick as a old hound dog trying to survive on it's own.

VBA FINALLY straightened out most of what I met all the criteria for by way of evidence

and paid me for all those years of hell.

I do not want anymore stress from the gooberment, I want to leave them alone and live my life,

with hopes that they will leave me alone.

The VAMC/Vet Center take care of all the medical / dental / therapy, meds I ask for.

If I need a nursing home later - they can take care of that,

When I need a hole in the ground at Bay Pines cemetery and a grave marker -

they can take care of that.

Other than that - I do not want to do anything to wake the little doggies.

JMHO - carlie