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

[63SIERRA]

They took mine out from the front. sometimes they have to remove a rib if they cannot get to it. they remove the rib then discard it.

It is a long rough surgery, it takes abt 6 hours. They put you on a table that can be manipulated in a bunch of different configurations, and they basically bend you every which way, and pull different organs out of the way to try and get to the kidney. They really dont know exactly what they will find until they get in there. Then they must deal with it. Your whole inside cavity feels like it was turned inside out and trampled on. Lots of nerves in the abdomen. I was on morphine pump and Toradal for days after the surgery, and it wasnt hardly enough. My blood bressure started dropping and they took me off for a while . After surgery you have a tube down your throat to drain the bile, a tube down your penis if you have one to drain the urine,tubes down your nose to pump oxygen, and iv in your arm, a blood pressure cup on, an ekg machine on, and they come bother the hell out of you every 1/2 hour with something or another. Then they come tell you to try and stand up after a few days. that is very hard.

[free_spirit_etc]

When did they make the decision?

Also -- was there any new and material evidence submitted after they made the decision? Even doctor reports?

[63SIERRA]

your right surgery was in 2011 . effective date for service connect july 2012

I think I went to cp exam in may or june. of 2012

Edited November 3, 2013 by 63SIERRA

[63SIERRA]

im my award letter it says we have made a descision on your claim for service connected disability recieved on oct 31 2011

and they awarded july 2012 at 30 percent.

rating descision date was may of 2013

Edited November 3, 2013 by 63SIERRA

[free_spirit_etc]

It looks like you are past the appeal period then. Maybe you could ask them to CUE themselves.

You might also want to mention to the VSO that you certainly would have appreciated him informing you that cancer is 100%. (Try not to cuss when you are doing that...)

Edited November 3, 2013 by free_spirit_etc

[63SIERRA]

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