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.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
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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