tdiu Tdiu And New Claims

[TLaff]

I have 30% cervical, 20% lumbar, 70% major depression due to spine, 30% migraines and daily headaches (and i need to update my profile i know and will) Im affraid that if i apply for Tdiu and get it they will at a later date say im better and lower my depression just to avoid Tdiu and I know right now i can ask for an increase on my cervical that would raise it to a 60 0r 50% and my lumbar to 40%.

Question should i ask for an increase before going for Tdiu or should i file for Tdiu and still ask for increases?????

TLaff

[jbasser]

TDIU is a claim for increase. They have to consider your SC disabities and determine if they have increased in severity. Enough to award IU.

J

[63SIERRA]

I would file and heres why, statistically speaking, its not likely your back and neck problems will improve, it will get worse. because of youe less active life, you will likely gain weight, making the problems worse. the worse your pain gets the more depressed you may become. also do they have you on pain meds? they seem to cause erectile dysfunction to alot of folks. they can test your testosterone levels in your brain, and testicles. that is SMC if they award it. Also surely you have trouble sleeping thru the back and neck pain, fatigue may be something you can claim. pain itself can sometimes be claimed. So dont let them keep your issues in a box, explore your conditions. Dont let them decide what your ilnesses are. ask yourself what your feeling.

Dont ever comprimise your integrity, because if thst happens they have you over a barrel forever. The laws and rules are in the vets favor, by a longshot, so you can win, legitamately if you have the proof, or a good argument.

[TLaff]

Any idea on how to fill out and word a Tdiu claim? i seen somewhere where you put (two reasons why when submitting Tdiu) and do i send in the additional evidence with it? and any idea how long it takes to get the award?

TLaff

[john999]

Download the official TDIU form first. You said you are 70% for depression? That is enough for TDIU and is a good reason for being unemployable.

[carlie]

Any idea on how to fill out and word a Tdiu claim? i seen somewhere where you put (two reasons why when submitting Tdiu) and do i send in the additional evidence with it? and any idea how long it takes to get the award?

TLaff

Anytime you have additional evidence that supports a claim for increase,

submit it.

Ditto on jbasser's reply regarding increases and IU.

[Berta]

We all get afraid of reductions that in most cases, never happen because the VA would need to prove:

“In the Reasons for Decision

• outline the time period in which application of 38 CFR 3.344 is based

• cite evidence of sustained improvement after one review examination, or a preponderance of evidence showing sustained improvement based on more than one examination, and

• explain why it is reasonably certain that improvement will be maintained under the ordinary conditions of life.”

Or if the veteran receives TDIU and then acquires substantial employment.”

M21-1MR, Part III, Subpart iv, Chapter 8, Section D under Number 12

Here is 38 CFR 3.344:

http://www.law.cornell.edu/cfr/text/38/3.344

Were you employed when you received the 70% rating?

If not, did VA consider you for TDIU when you got that rating?