I recently applied for TDIU after the VARO sent me the paperwork to fill out of their own accord. What I am curious about is why no two people at the VA or DAV seem to be able to agree on eligibility.
DAV says I am definitely Eligible.
The Benefits Counselor I sat down with at the Satellite of my Regional Office tried to tell me that I was not.
I am currently 70% and have a reconsideration in because I dont feel my claim was handled properly. I will explain more on that in a moment...
My rating breaks down as follows:
20% Rt Knee (Post OP Reconstruction DJD)
20% Neuropathy Rt Lower Extremity
20% Rt Ankle Partial Paralysis
10% Left Knee
10% Left Ankle
I wear a brace on my right leg that locks my leg at 60% so that I don't fall when my leg quits on me. I also walk with a cane. These are both VA Dr. Prescribed.
I had also claimed my Back due to a T-8 Compression Fracture and Spinal Contusion but they denied it because XRays had not initially revealed it even though I was complaining of pain all along. Several Years later they performed an MRI and discovered the Fracture...that was 2005. the Spinal Contusion and Spinal Cord Damage wasnt discovered until last year when a Dr actually finally tested me for it.
This last claim jumped me from 20% all the way to 70% but what surprised me is that they SC all of this even though its caused by the back injury BUT...they denied the Back for SC. Go Figure...
ALL of my SC is in my Lower Extremities which, to me and to the DAV Officer, satisfies 38 CFR 4.16 Part 1 yet the VA's Benefit Counselor tried to tell me that my Neuropathy disqualified me because its not an actually disability of the lower extremity. (I will clarify the VA's Counselor was extremely arrogant and worked overtime to convince me that he knew everything there was to know about...well. EVERYTHING!)
This makes no sense to me because the wording on my award letter is precisely...and I quote "Service Connection for Neuropathy, Right Lower Extremity is awarded..."
So I would like the input of any of you other Vets who have been thru this process...
Bottom Line, I cannot Sit longer than 30 min without searing neuropathic pain and spasms in my right leg and cannot stand for than 15 min or so without extreme discomfort (pain, instability, etc) in my right leg. This doesnt include the damage to my back that has me permanently wearing a TLSO Brace (Full Torso Back Brace) and nauseating back pain that sets in after about 10 minutes standing. The Back Claim is currently being reconsidered.
The only relief I get is laying down flat on my back for around 2 hours. Its a heck of a way to exist...And I have not been able to work since 2005
So my Two Questions are:
1) In your Opinion...does my rating satisfy the requirements for TDIU
2) For those who have gone thru this process, Please give your opinion of my chances...and fill me in on what to expect as the process unfolds...
And I thank you in advance for your input and advice.
Question
pdepalma
I recently applied for TDIU after the VARO sent me the paperwork to fill out of their own accord. What I am curious about is why no two people at the VA or DAV seem to be able to agree on eligibility.
DAV says I am definitely Eligible.
The Benefits Counselor I sat down with at the Satellite of my Regional Office tried to tell me that I was not.
I am currently 70% and have a reconsideration in because I dont feel my claim was handled properly. I will explain more on that in a moment...
My rating breaks down as follows:
20% Rt Knee (Post OP Reconstruction DJD)
20% Neuropathy Rt Lower Extremity
20% Rt Ankle Partial Paralysis
10% Left Knee
10% Left Ankle
I wear a brace on my right leg that locks my leg at 60% so that I don't fall when my leg quits on me. I also walk with a cane. These are both VA Dr. Prescribed.
I had also claimed my Back due to a T-8 Compression Fracture and Spinal Contusion but they denied it because XRays had not initially revealed it even though I was complaining of pain all along. Several Years later they performed an MRI and discovered the Fracture...that was 2005. the Spinal Contusion and Spinal Cord Damage wasnt discovered until last year when a Dr actually finally tested me for it.
This last claim jumped me from 20% all the way to 70% but what surprised me is that they SC all of this even though its caused by the back injury BUT...they denied the Back for SC. Go Figure...
ALL of my SC is in my Lower Extremities which, to me and to the DAV Officer, satisfies 38 CFR 4.16 Part 1 yet the VA's Benefit Counselor tried to tell me that my Neuropathy disqualified me because its not an actually disability of the lower extremity. (I will clarify the VA's Counselor was extremely arrogant and worked overtime to convince me that he knew everything there was to know about...well. EVERYTHING!)
This makes no sense to me because the wording on my award letter is precisely...and I quote "Service Connection for Neuropathy, Right Lower Extremity is awarded..."
So I would like the input of any of you other Vets who have been thru this process...
Bottom Line, I cannot Sit longer than 30 min without searing neuropathic pain and spasms in my right leg and cannot stand for than 15 min or so without extreme discomfort (pain, instability, etc) in my right leg. This doesnt include the damage to my back that has me permanently wearing a TLSO Brace (Full Torso Back Brace) and nauseating back pain that sets in after about 10 minutes standing. The Back Claim is currently being reconsidered.
The only relief I get is laying down flat on my back for around 2 hours. Its a heck of a way to exist...And I have not been able to work since 2005
So my Two Questions are:
1) In your Opinion...does my rating satisfy the requirements for TDIU
2) For those who have gone thru this process, Please give your opinion of my chances...and fill me in on what to expect as the process unfolds...
And I thank you in advance for your input and advice.
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