Tdui For Pending Claim

[63SIERRA]

My question is this. The main reason I am disabled is because of my back condition, spondydlolysis thesis. with degenerative disk disease/ .. I currently have a claim with the va on reopen that has been denied twice before in the past. I recently submitted new evidence, and have good evidence, that I believe I will prevail, even if it takes going to administrative review. I want to file for TDUI now, to preserve my date, also if my health keeps getting worse, and im in a wheelchair, I dont want to be just starting when I am in desperate need/.. I am already rated at 60 .. 40 for hepc, and 30 for residuals of kidney removal due to kidney cancer. My back is what bothers me the most though, and debiltates me quite often. most times that Im here typeing the massage cusion is on full blast , to make sitting bearable, (because I was standing or went for a walk or did the dishes or something small and my back started throbbing.

So thats the question. even though I will also list current service connected claims, should I also list the back conditon as a reason too. thanks.

Edited November 30, 2013 by 63SIERRA

[63SIERRA]

also I already see a legal technicality. The new regulation states that " at least one" service connected disability must be stated on the form 21-8940 . at least one, means one, but possibly more.

on the box on the 21-8940 that I just downloaded off ASK NOD s website box7 asks.on the form 21-8940 .

What service connected disability (singular), prevents you from securing or following any substantiallly gainful occupation?

This is a problem. It is like they are narrowing u down to just one, when the regs say one or more.

[carlie]

What service connected disability (singular), prevents you from securing or following any substantiallly gainful occupation?

First off, what do your doc's say and are they willing to put

something for IU in writing ?

[63SIERRA]

my doc is a weenie and is so anal retentive, I think it would take an act of congress for him to have a bowel movement. He aint gonna write anything. What I have is good evidence. thats what im depending on. If needed I may go to an outside doc, or possibly use my recent SS disabilty exam as evidence. The ss doc was very good, and said I was surely disabled. Yet I was still denied because the docs dont count much anymore, its just a way to absolutely deny if they can , but even if the doc says they believe your disabled, they still deny most of the time.

Ive got a good attorney and that is pending a court date with a social security judge.

Edited November 30, 2013 by 63SIERRA

[63SIERRA]

the va will send me to a C & P anyway, and I have learned, you can be proactive at cp exams. I make sure that before I leave, the doctors know exactly what my problems are. If they dont ask I tell them, show them, whatever it takes. If they screw it up, I inform the va that they screwed up, and get a redo. I even specifically requested the same doc they sent my wife to, and they sent me to him.

Im seeing that you must tie everything to the medical evidence. The cp doc doesnt know much abt u, just a few records on thier screen.

Im not pushy or try to bamboozle the cp docs, but im VERY proactive in the exam. That way he or she cannot say, well he didnt say that scar was painful, or he didnt indicate this or that,. If the cp doc gets the ass with you for trying to assist, then they are not the doc u want anyway. One cp doc I went to, was a germaphobe, wouldnt shake my hand, acted like he didnt even want to be near me,. he goofed my exam up royally., I suspected he would. I read his report, pointed out errors, filed a reopen, and got a second cp exam by a doctor that was squared away,. The doc that goofed up my exam, was the " chief" CP doc in my area. I think I know how he got the title. By screwing veterans over.

Edited November 30, 2013 by 63SIERRA

[infantry10]

I think you should go for it!! Sounds to me, you have good evidence and you're confident in what you have. With all your disabilities I think you have a good chance in winning the first time around. Good luck to you!!

[carlie]

Correct and complete,IME and IMO, cross the i's and dot the t's.

Saves alot of time and anguish.