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]

I know Berta has threads on here about having the VA CUE themselves. (which sometimes seems to be handled more quickly than a normal CUE claim).

And before you do that -- look through your records and see what you can come up with for when you would consider you finished treatment. I would think it would be more when the doctor released you with the "You are now considered okay..." seal of approval.

You could either ask for 100% for that time period - or just ask for 100% -- and see what they come up with -- and appeal for an earlier effective date if needed.

Also -- look through the records and see if there is any information in there that would have shown you were entitled to SMC as housebound or needing aid and attendance for a period of time. For a CUE, the information would have to be in the record at the time they made the decision (or within their constructive possession).

[63SIERRA]

see thats the thing,. the doc told me for the first 2 years its very high risk for the cancer to break out and spread. after the first 2 years the odds go down alot for the cancer to resurface.

[free_spirit_etc]

they operated on me on halloween day 2011 so how they came up with an effective date of july 2012 is beyond me.

I guess maybe the considered that the time you were to be rated on residuals?

If so -- that might mean your claim for the actual cancer is still pending??

[free_spirit_etc]

see thats the thing,. the doc told me for the first 2 years its very high risk for the cancer to break out and spread. after the first 2 years the odds go down alot for the cancer to resurface.

I think that is pretty common for most cancer. I am not sure they would grant 100% for the period of time that you are at high risk for recurrence. In fact, I am 99.99999% sure that they wouldn't. Heck! They didn't even give you 100% when you HAD it!!!

But you should get 100% from the date it was detected (or in the very least from the time you filed the claim) until you were finished with what they would call treatment -- which I think should include some of the major recovery period.

[63SIERRA]

haha

[63SIERRA]

they cannot say the cancer wasnt active because it was destroying my kidney and adrenal gland.