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

[W4LNY]

what I find funny about the whole thing is that not even the reps I've spoken with at the regional office don't believe that I did nothing to initiate this claim in fact when we first realized back in January by looking at eBenefits that this claim had been filed my rep with the American Legion actually suggested that I go to the VA and have them cancel the claim and I decided against that I figured there was a reason why the claim has been made in the first place and I should just let it ride.

[Berta]

Your vet rep needs to go to VA 101 school again.

M21-1MR, Part III, Subpart iv, Chapter 6, Section B

Under 5

Change 2009

a. Extra-Schedular Evaluations in Compensation Claims

Consider the issue of entitlement to an extra-schedular evaluation in compensation claims under

• 38 CFR 3.321(b)(1) only where

• the issue is expressly raised by the veteran, or

• there is evidence of exceptional or unusual circumstances indicating that the rating schedule may be inadequate to compensate for the average impairment of earning capacity due to disability (for example, marked interference with employment or frequent periods of hospitalization)

• 38 CFR 4.16(b)

• whenever the issue is expressly stated

• when there is evidence that the veteran may be unable to secure or follow a substantially gainful occupation because of disability, or

• total disability based on individual unemployability (IU) cannot be granted on a schedular basis.

Reference: For more information on total disability claims, see

• VAOGCPREC 6-96 dated August 16, 1996

• Floyd v. Brown, 9 Vet. App. 88 (1996), and

• Bagwell v. Brown, 9 Vet. App. 337 (1996).

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&ved=0CDoQFjAD&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch06%2Fch06_secb.doc&ei=53QwUvHuEOmW2AXIiYHoCQ&usg=AFQjCNHL5Ny6bA44KDqnaAcBn1TguErCiA&bvm=bv.51773540,d.b2I

[stillhere]

This is sounding more and more like a rare case. Some one sounds like is taking the claim to heart and trying to help you. I would just let it ride too but I would make a point that they know by not moving this along they are putting you in a big financial bind!

I would also ask them if there is anyone out there who could help you.

Stillhere

[StreetWalker]

You stand a better chance of finding a Unicorn than you do getting extra schedular TDIU. That's the fact. I've been told you can count on one hand the number of them awarded each year and have fingers left over.

[W4LNY]

Well like I said in my earlier post, I didn't apply for it nor do I really expect to get it I was at the RO again today and they are trying to get my temp Disability claim approved, I had to bring them more paperwork today, they did tell me that getting the temp 100% Approved mY help my chances.

[Berta]

Do you get Social Security Disability or SSI solely for the same things you claimed with the VA?