tdiu The Saga Continues

[63SIERRA]

Ok aside from everything else im battling for, I came to a realization. back in 04 when I fell deathy ill with my service related hepc which at the time was rated at zero percent I was put into a 48 week treatment of chemotherapy that means some very powerful meds that can kill you, and have killed folks., They bring u to the edge of death, to kill the virus. I was very sick most of that year of treatment . incapacitating episodes where I could barely get off the sofa for days, vomiting, 20 lbs weight loss, weakness , tired, abdominal pain, sweating chills,near constant burning diareeha , nausea , depression, rage, ect. I refiled for an increase near the end of my treatment and the va granted comp at 40 percent/. I recently read the regulations, and at least while I was on the chemo, I should have been rated 60 to 100 percent .. ALSO, even if they lowballed me at 60, that would have made me eligible for temporary TDIU. So what I want to know is specifically what I have to do, to try and get my temporary rating of 60 to 100 percent for the year I was being treated.

do I reopen, file a new claim, file a cue claim, file a special claim, ect.

also while I was on the chemo, a side effect is depression, so I was on depression meds for abt a year, and still depressed.

I struggled to pay my bills, and could only do a few service calls a week, and I had to hire my buddy to drive me around because I didnt trust myself, and was scared to faint at the wheel/ I was one sick puppy, and had to work during the hellish treatment of chemo. thse dirty bastards could have told me I was eligible for that compensation. they knew how sick I was my liver enzyme count was over 6.3 million and the liver biopsy said stage 3.5 to 4 out of possible worse 5. liver disease.

Edited November 5, 2013 by 63SIERRA

[free_spirit_etc]

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Free can u explain in layman terms what that reg u posted means thanks

7528 means if you had kidney cancer that you should have been rated at 100% for the time you were going through chemotherapy - been re-evaluated 6 months after the treatment ended, and then rated on residuals if you no longer had active cancer.

Edited November 2, 2013 by free_spirit_etc

[63SIERRA]

well I went thru chemo for 48 weeks for the hepc, they removed my kidney . these were not at the same time., years apart,..

Edited November 2, 2013 by 63SIERRA

[NavyWife]

Ditto on that one! My 2 boys will NEVER be allowed to join the military.

Does your state offer tuition assistance for college? Do a Google search of your state & "Veterans college benefits for dependents" or something similar to that. In California, children of disabled vets at any percentage, can get free tuition for the state colleges & community colleges.

Regarding your original question of whether you need to file a CUE or reopen the claim from 2004, I don't have enough knowledge on the VA claims process to give you answers on that. Hopefully another hadit member with more experience will chime in to this conversation soon.

[63SIERRA]

they were ultrasounding my liver for a checkup procedure and spotted a tennis ball sized tumor on my kidney.

I filed for the kidney cancer the day before I went in for surgery and had it removed. So being they dated my service connection back to the day I filed, my surgery and the time following surgery were in legal, service connected status. Furthermore, they never gave me a 6 month mandatory exam, to see if 100 still was warranted, (because they werent giving me the 100 percent anyway), so I think they would have to pay me for a whole year.

Edited November 2, 2013 by 63SIERRA

[free_spirit_etc]

well I went thru chemo for 48 weeks for the hepc, they removed my kidney . these were not at the same time., years apart,..

Sorry. I misunderstood. That's why I asked if the chemo was for the kidney cancer. If so, the cancer should have been rated at 100% until at least 6 months after treatment ends.

[63SIERRA]

Sorry. I misunderstood. That's why I asked if the chemo was for the kidney cancer. If so, the cancer should have been rated at 100% until at least 6 months after treatment ends.

the reg says chemo OR surgery. so im still good i THINK,.