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Got 70% Should I Go For Tdiu?

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bobz

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I got my letter today awarding me 70%, 40% for left side weakness due to stroke and 50% for mental health along with 10% for hypertension. I know that totals 100 but this is the government. Anyway I have been 100% according to Social Security for the left side problems, from the stroke, since November of 2011. Should I go ahead and apply for unemployablility now? I did put in for added dependent's and am still waiting for that to kick in does anyone know how far back they will go on that?

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Absolutely . Did VA consider you at all for TDIU in that decision?

That 40% is way too low in my opinion. It was probably for extremity weakness. Does the MH issue have anything to do with the stroke? What is the 50% for?

VA usually rates a major CVA at 100% for 6 months and then rates on the residuals.

They rated my husband posthumously last year at 100% for 6 months for major CVA (stroke) and then gave him SMC S after that, dropping the 100%.In a prior award they rated his stroke at 80% NSC ,after he died, but it now is documented as 1151 award.

I asked the VA to CUE the award.

His 'residuals' still warranted a 100% award. Or a TDIU award.

He had SSDI award solely for the Stroke from SSA for the 2 years before he died, and also I sent them evidence of his Voc Rehab specialist telling him, in a letter, that due to his stroke he was unable to continue Voc Rehab.

My husband had a letter from RJ Vogel, acting undersecretary for VA some years ago, (1993 I think) stating clearly that his stroke was 100% P & T but NSC.I used it as evidence.

The stroke, however ,I proved was due to VA malpractice. So NSC turned into "as if "SC under 1151, and VA owes me some more cash.

The SMC award was the HB award.

100% P & T SC PTSD, 100% CVA, 30 % AO IHD, DMII contributiing to death ...No rating,and HBP rating pending under 1151 plus the additional 100% for about 1 1/2 more years.

The first rating on his CVA was all wrong.(1998)

The second rating was wrong too (2012)

I think your CVA rating should definitely be 100% for 6 months and then they must rate the residuals (which you can argue to VA are still 100% ratable because of the SSDI award. TDIU and 100% are the same amount of comp.

An MRI narrative can be the way to build this type of rating.Stroke is brain damage and can affect not only one's physical abilities but also their intellectual and emotional state.

In my husband's case (I had to fight them for this ) they were able, with extensive tests, to determine his PTSD rating (100%) as separate from his brain trauma and early dementia due to past untreated TIAs ,and the major stroke, all caused by piss poor VA health care, and not only were the deficits from stroke 100% ratable after 6 months , he continued to get worse because they were still giving him the wrong meds.

My long point here is , I think the VA knows how difficult it can be for a stroke survivor to get through this VA crap and fight for a proper rating.

If I were you I would appeal that decision in a heartbeat unless the VA somehow can produce evidence that they miraculously cured you of 60% of the stroke disability that SSDI says has rendered you totally unemployable.

"Anyway I have been 100% according to Social Security for the left side problems, from the stroke, since November of 201

Was VA aware of this award you have from SSDI?

The way VA rates stroke is in our Schedule of Ratings topic here at hadit.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta, they said in the letter that the unemployability is pending? Also the stroke according to the VA neuro doctor was a "minor" stem stroke which was agreed upon by the independant doctor they hired to do the c&p exam. The neuro doctor said this happened back in 2008 when the problems with the left side appeared. The VA at that time did all kinds of test and didn't find anything, I am not sure if they looked at the stem but do know they looked at the brain. I had a TIA in 2012 documented by them and a private doctor which lead to filing for the increase. I have been rated since 1975 for both the mental health and hypertension still do not understant why the hypertension did not go up any have allways been on one drug or another for it. The mental is aggrivated by the strokes and the fact I can't do the work I have done all my life.

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"the unemployability is pending" GOOD!

I dont get this "minor brain stem stroke"......brain stem strokes can be fatal.

"The neuro doctor said this happened back in 2008 when the problems with the left side appeared. The VA at that time did all kinds of test and didn't find anything, I am not sure if they looked at the stem but do know they looked at the brain."

From what you had stated here the SSA didnt consider this as "minor" and awarded SSDI for it.

"The mental is aggravated by the strokes and the fact I can't do the work I have done all my life."

I sure can understand that. A VA shrink stated my husband's SC PTSD was excerbated by his stroke and vice versa,

My husband had a stroke involving his brain stem that traveled (clot) into other areas of his brain in the 3 weeks a VAMC had misdiagnosed him as having labyrhintitis.

A stroke or TIA can cause a temporary drop in HBP.

To prove my husbands stroke was 100% 'as if SC" under 1151, I used a autopsied brain and did a diagram referencing his multiple areas of brain deficit ,due to past TIAs ( treated with sudafed) as well as his major totally disabling stroke.

The info I needed was within his MRI and confirmed by his autopsy.

I hope the VA will fully consider your SSDI award because I assume (and could be wrong) that the SSA had an IMO from a SSA doctor,and that VA has that evidence now as well.

“A brainstem stroke happens when the blood supply to the brainstem is interrupted. This type of stroke can result in death, since the damaged brainstem can no longer control the body’s vital functions. “

- See more at: http://medicine.med.nyu.edu/conditions-we-treat/conditions/brainstem-stroke#sthash.j32keM6Q.dpuf

http://medicine.med.nyu.edu/conditions-we-treat/conditions/brainstem-stroke

There are many types of strokes and TIAs and many causes for them. You survived a brain stem stroke and so did my husband.

It was IHD that caused his death.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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On the Unemployablility should I go ahead and file on my own or wait on them? I don't see anything showing up on ebenefits yet for them doing anything, not sure if I would or not.

SSA awarded on the weakness, stroke and mental. The VA had copies of their doctors reports both in my records and I filed them with my claim for upgrading my disability.

unfortunately I just learned a lot more about strokes as my wife just had one that affected the side of the brain that controls speech, thought etc. She is doing remarkably well now and finally got her home.

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