tdiu Tdiu - Process

[Tinker]

I recently completed an C&P exam. I checked on my health vet and found that my mental health notes from the C&P weren't on there but the notes regarding my neck, back, and sinus was on there. Please advise on part of this note from one of the Dr.'s that evaluated me.

Based on the veterans presentation for her c and p exam, it is less likely than not that she would be able to perform either sedentary or physical activity because she is unable to sit in one position up to ten minutes before she needs to change positions.

I'm currently 70% Mental, 20% combined other....total 80%

Filed for tdiu 1/13

[free_spirit_etc]

I am not familiar with TDIU claims - but this statement certainly does sound supportive of your claim. Do you have trouble sitting for any periods of time? Or do you just need to shift your position a little? 20% combined other seems kind of low if the doctor is saying you aren't able to do physical or sedentary work due to your physical limitations.

Edited September 24, 2013 by free_spirit_etc

[Tinker]

I received my 20% rating last year. Since then the pain got worse. It hurts to sit and stand in one position for a period of time. I just so happen had been suffering the pain (no meds) for a few days prior to my C&P last week. I've been out on LWOP from work (federal) since early this year due to mental and physical issues.

[Philip Rogers]

Sounds very favorable to you succeeding w/your TDIU claim. jmo

pr

[free_spirit_etc]

Can you get an increased rating with your physical conditions?

As far as if you can work, if you are limited to sedentary work, but can't sit in one position for very long -- that pretty much rules out most sedentary work. I am not really sure how the VA does it - But SSA would have to show that there were jobs available in the economy that you would be able to do with such restrictions. (Of course, they always come up with something -- like he / she could drive a train at the zoo, or peel bananas for Dairy Queen... But they rarely find realistic jobs).

[Tinker]

Thank you all for your responses. I was wondering why my MH notes from the C&P weren't on there. Is this usual?

[free_spirit_etc]

I am not sure. I know when my husband picked up all this records from the VA (paper at that time) - we asked if that was ALL of his records, and they told him no - that they generally didn't release mental health records to the veteran. It was just a mental health C&P exam. So he asked for a copy -- and they said they had to read it first to make sure there wasn't anything in there that might upset him. They read it over and then gave him a copy. So your VA might have a policy of not releasing the records unless specifically requested (and unless they can verify that you won't be upset.)

Geez! My husband was more upset about some of his non-mental health C&P reports.