tdiu Tdiu Denied - Reconsideration Meeting

[thomasc]

So I was denied TDIU back in Oct. 2013, and my VSO (Dec. 2013) recommended a reconsideration and requested a meeting with the rater. Today(Feb.2014), I received a letter from the VA with a meeting scheduled for next week. My VSO said I don't need to bring anything and not to worry if they bring up incompetency, but I don't feel like being ambushed. I don't want to be caught off guard or give the VA any ammo to use against me.

So the Question is: Has anyone been through this? what was the outcome of your meeting? any other advise is appreciated, Thanks.

Edited February 7, 2014 by thomasc

[USMC_HVEQ]

Thomasc,

thanks for the reply. I will ask when I go to VetCenter for individual therapy for my PTSD. I was medically retired from the USMC for it in 07 (placed on TDRL) then PDRL in 09 and due to Sabo case I had my file changed again in 12 back to TDRL, since my % was upped for PTSD. Anyways, sorry to have rambled on that. I too had no inservice diagnosis. I complained from when I got back in 05 from OIF until 2010, when I finally got a VA sleep study. I complained and complained to USMC, VA, anyoen that would listen. When I had my sleep study, within 30 minutes the lady had to put the CPAP on me. I was issued a CPAP. I said do I have sleep apnea, and nurse was like I wouldnt put the mask on you if you didnt. I had my pressure at 10.0 from 2010-2012 when they finally raised it to 13.0...I'm giving probably way too many background details and If i lost you, I do apologize. I filed a claim, prior to my sleep study as I figured it would take a while, which it did. I filed it in 9/2009. They denied it in 8/2010 and I appealed that and it has still been sitting on appeal since 2011 at the RO. I also was just recently diagnosed as of last Feb as having type 2 diabetes and have to take a pill. I have not filed anything on that but am also curious if that is related to PTSD. I'm not trying to claim everything under the sun either. I just thought it was odd. I wanted to address it if I get an IME/IMO, would need 2 separate ones.

Currently 90% overall

• 70% PTSD (MDD,Panic Disorder w/Agoriphobia) but have appeal for 100%, rater felt I should have been 100 but due to working sporadically 6 months prior, agreed to 70% mark. I also put a claim in for TDIU for PTSD. I also filed for SSDI for PTSD....I'm waiting on all. I due have a C&P for the PTSD on March 3rd. Not sure if that is the TDIU or appeal or what. I assume it would cover both.
• 20 Bilateral Left shoulder dislocations (prior Bankhart surgery)
• 20 Bilateral Right shoulder dislocations (torn labrum, but they dont want to fix it)
• 10 HTN (Hypertension-aka High Blood pressure)
• 10 Tinnitus (aka ringing in the ears)

Regardless if my claim gets 100% for PTSD due to schedular or TDIU, I need the IME/IMO for the Sleep Apnea. It is mentioned in exit physicals and tons of exams trouble sleeping, possible Sleep Apnea, but I never had an inservice sleep study. I was also told by friends that I snored super loud and I would stop breathing. Regardless I always felt horrible and still do to some extent. Now its more PTSD related that Sleep apnea, i think.

I will definitley ask the Vet center. I'm beyond skeptic with most agencies abilities to help. Most I feel are overloaded and dont really go after it quickly. I feel like it drags on. I had a VSO help me back in 09 and felt like I did all the work and it was merely just their name next to mine on letter head. Needless to say i was disenfranchised.

If someone else can recommend an IMO for Sleep apnea 2nd to PTSD I would appreciate. Im confused on who to go to. Im aware its gonna cost $$ too.

any light you can contiue to shed I appreciate it and thank you again for sharing your experience. I have found it helpful.

[john999]

If you get total plus 60% you can get housebound which is about an extra $300 a month. If you have 100% for PTSD plus 60% for OSA etc that means HB=$300. It works for TDIU as well. If you get TDIU and then later get additional 60% you get HB. $300 tax free is equal to about 450 if you had to pay tax on it.

[Navy04]

John, Thinks for the great info. I will try to remember it later. I am waiting for my FDC results, I had my C&Ps last Friday. I am 80% now, but if the VA ups my PTSD to a 100%, they should, and if my Crohn's goes up to 60%, from the 30% currently, then you are saying that I would be able to get the $300 extra a month, right? Thanks

[john999]

Yes, if you are 100% for one condition and get an extra 60% for another condition you should automatically get "S" which is housebound. Even if you had TDIU for one condition at 80% and then got another 60% distinct from the TDIU you could get housebound. I did it. I actually had more than 60% but who wants to quibble?

John

[Navy04]

Thanks for the info bud.

[jbasser]

Thomas, did the VSO say 100 percent??

In that case it is huge. No IU. It means you are schedular which is a heck of alot better than IU. No letters fromt he VA about working.

Better overall benefits.

Great Job. I knew wou would win and I thought the VA would push their bluff but on the day of the meeting they gave in.

Thats what they do and you kicked their butts.

Let us know if it is schedular and Not IU.

Thanks for calling the show today.

Basser