tdiu What Are My Chances?

[W4LNY]

Ok here we go in June of 2012 I was working full time in Security for a major financial company the job required me to be on my feet the entire shift, I started having major issues with my feet, I always have had pain and walk with a very minor limp from an injury in the Army I had stress fractures in both feet that were misdiagnosed one turned into a full fracture of my metatarsal that is now deviated but anyway with this job my foot got worse and worse until I could not do the job anymore since than I had to work at another site with less pay and hours I had filed a VA claim with a line of duty form I was given when I left service I was granted Service Connection within 3 months and started getting treatment at the VA I was rated at 0% but appealed that to DRO who submitted an UI claim on my behalf I did not initiate the claim but anyway the doctor said I have flat foot b/l that is now service aggrevated, I had a mortons nuroma, bone spurs that have developed and I was given orthopedic shoes which the doctor noted are not working very well, they gave me shoes for work another set for just walking and now another set for driving, last month I had surgery to remove the nuroma since than the surgery caused a staff infection in my foot and severe blood clotting and hematoma I am waiting for an answer on my 100% TD for surgery recovery time anyway the regional office told me all the claims are held up because of my pending unemployability claim they also tell me it continues to be worked and they keep telling me I have a good chance of getting it although I don't believe them I found out today my claim was sent to Washington DC to the Under Secretary of the VA's office somethibg about a special circumstance let me just add for the last 2 years my inconme has been below 12,000 and I am a full time single father we are on Medicaid, food stamps etc, so far I have gotten nothing at all from the VA but today I filled for Financial Hardship now they tell me they can get me the TD 100% for the surgery within 30 days until the TDUI claim decision is made so should I really expect anything to come of this TDUI claim like they keep telling me?

thanks

[Philip Rogers]

It is possible, however the VA is the VA, so I am somewhat doubtful. Best thing to do is ride it out as best you can. I know it's hard but unfortunately that's the system. I lost my house, my marriage and had to file bankruptcy during my claim and that was back in the 90's, so hang in there. jmo

pr

[Berta]

Welcome aboard!~

"although I don't believe them I found out today my claim was sent to Washington DC to the Under Secretary of the VA's office somethibg about a special circumstance"

This is,in my opinion, for Extraschedular consideration.

This can happen when the veteran does not meet the TDIU criteria ,at first glance, but exceptional circumstances could potentially warrant an award of TDIU.

It is a good thing, that the RO asked the UnderSec to review your claim in DC.

"I was rated at 0% but appealed that to DRO who submitted an UI claim on my behalf I did not initiate the claim but anyway the doctor said{etc....

that is a good thing too..... this DRO did their job.........

Many vets get a DRO review that is just a Copy and Paste of the decision.

I know it is difficult to wait but you need to hand in there as best as you can....

Have you applied for SSDI disability?

"since than the surgery caused a staff infection in my foot and severe blood clotting and hematoma"

YOW. Was the surgery done in a VA hospital or a private Hospital?

[Philip Rogers]

I agree w/Berta, about the extra-schedular rating. The problem will be the wait. I helped a vet, 10 yrs back, get an extra-schedular rating and it took about 30 months. jmo

pr

[W4LNY]

The Surgery was done at an Army hospital under the "VA DOD sharing program" the surgeon was my VA doctor, everyone else involved was Army doctors and nurses.

And yes Extra Scheduler Consideration was the term used, it took the lady I was talking with who is actually a rater and her supervisor 20 minutes to figure it out, I got the impression this does not happen much.

[Philip Rogers]

Correct, extra-scheduler ratings are rare and the fact that they are sending it to DC, means the claim has some merit, in their eyes.

pr

[john999]

You need to show that you cannot due sedentary work as well. If you lose a particular job due to a certain disability that does not prove TDIU. I have foot problems as well and I worked for the post office. I have PN in my hands so doing sedentary work was painful as well. I actually got TDIU based on depression and other emotional problems that were aggravated by chronic pain. You might file for chronic pain/depression as well. You need to show there is no work you can do sitting or standing.

John