Opinions On Total Disability

[88 mike]

I lost my job due to my SC disability over a year ago. The Dr. had me do a functional capacity test and the results said that I shouldn't lift no more then 10lbs. The Dr. gave me a permanent restriction for lifting of 10lbs. The Dr. also wants to do reconstructive surgery on my back who will include rods, screws and pins. This will be my second back surgery in 3 years. I am being treated for depression through the VA due to my SC disability. My voce rehab counselor told me that I probably won't be able to use my degree because of those limitations. So I've researched different job descriptions, and I don't even qualify to be a secretary because of the limitations. My questions are: what should I do? what's my chances.of getting total disability?,

[88 mike]

Also I'm at 40% for my back and 20% for sciatica in my right leg

[brokensoldier244th]

Normally for TDIU you have to have at least 1 60% scheduler rating , or a combined rating of 70% with 1 at 40%

If, however, you are being told this by your Voc and your doctors you can apply for it based on extra-scheduler consideration. Id file to preserve the date, and file for SSDI, too.

[88 mike]

Ok thanks

[john999]

You need evidence that you cannot do even sedentary work due solely to your SC disabilities. Just because you cannot use your degree, or do physical labor won't get you TDIU. You want to prove via medical evidence that there is no job you can do because of your SC disabilities.

[rosypalm]

Total disability has rules. IU is evidence you are no longer to work. At seventy percent you may file for 100% IU. Comp and pen examiners determine what your rating is.

[Guest]

I lost my job due to my SC disability over a year ago. The Dr. had me do a functional capacity test and the results said that I shouldn't lift no more then 10lbs. The Dr. gave me a permanent restriction for lifting of 10lbs. The Dr. also wants to do reconstructive surgery on my back who will include rods, screws and pins. This will be my second back surgery in 3 years. I am being treated for depression through the VA due to my SC disability. My voce rehab counselor told me that I probably won't be able to use my degree because of those limitations. So I've researched different job descriptions, and I don't even qualify to be a secretary because of the limitations. My questions are: what should I do? what's my chances.of getting total disability?,

Unfortunately, being treated for depression is not the same as filing a claim for or being service connected for depression. In other words, You can file a claim for depression secondary to your service connected back condition including sciatica. When and if you file a claim for TDIU make sure you list both conditions. By filing a claim for depression and a claim for TDIU VA (may) just a guess increase your total to 70% or above and grant TDIU. Don't hold me to this. It is just my opinion and I could be totally off. My medications will do this to me sometimes.

Best Wishes