tdiu C&p Compensation Increase (Tdui)

[kevin4998]

From a previous post that I made, someone confirmed I could "possibly" can get TDIU without meeting the percentage requirements listed on the VA website (). That being recognized, the attached is my C&P results that actually put me on VA Pension. And, according to that exam it states on page three of one of the documents:

"Ultimately, the medical evidence of record confirms that you are unable to secure and follow a substantially gainful occupation due to your service-connected and nonservice-connected disabilities."

And, on page 2 of another document it states:

"Further, in order for a veteran to be entitled to nonservice-connected pension, there must be evidence that the veteran has a permanent and total, nonservice-connected disability, as determined by either the VA, or the SSA, is in a nursing home for long term care...)

And, on page 8 it clearly states VA Pension granted:

"Entitlement to nonservice connected pension IS estatablished..."

Which, at this time I do receive.

Given this information, and my request for TDIU, and my Mondays C&P General and Physic visit for this very issue might be granted under these guidelines:

"b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue."

I don't know if I am off base here or not, just wanted to get some opinions as my anxiety is thru the roof atm.

Thanks

Edited May 9, 2014 by kevin4998

[kevin4998]

hmm the attachment didn't work, trying again.. more than likely operator error on my part. :/

still didn't upload.. oh well.. you should get the idea

[Berta]

If your SCs solely hinder substantial employment for you, then you should get TDIU....should get.....but it seems here they focused on NSCs as well....

If we can see the decision we can help more,

I hope you can scan it as to their Reasons and Bases, (cover your C file Name, address first).and attach it here.

[Navy04]

You have nothing to lost to go for it, but seems to look slim to me bud. I have seen guys get turned down a few times, and then on the third, I guess the VA gets tired of seeing the same claim, and approves it down the road. Good luck

[kevin4998]

http://oi60.tinypic.com/2i11rbo.jpg

http://oi61.tinypic.com/2l6t0o.jpg

http://oi62.tinypic.com/2lbcc5t.jpg

http://oi61.tinypic.com/1533fo3.jpg

http://oi59.tinypic.com/9pm39v.jpg

http://oi62.tinypic.com/15qribq.jpg

http://oi58.tinypic.com/2z9lc02.jpg

http://oi62.tinypic.com/2uoktaa.jpg

http://oi57.tinypic.com/1z6a4vd.jpg

http://oi61.tinypic.com/vyl1l3.jpg

http://oi59.tinypic.com/14kdw8y.jpg

http://oi61.tinypic.com/5mejoz.jpg

This next link is a page that was from IME on a different matter.

http://oi62.tinypic.com/dfeqky.jpg

I am currently on SSD, which was granted for the following reasons 1) Back problems (service connected) 2) Gerd/IBS (Gerd service connected) 3) Depression/Anxiety (service connected) I know that the VA will only glance at the SSD results, but every bit helps.

[Philip Rogers]

If you have SSDI and it's all for SC disabilities you should win. But knowing the VA they may deny you a couple more times, first. I believe the VA is required to consider the SSDI, when deciding your claim, and if they decide against it, then they need to thoroughly explain why.

pr

[Berta]

Absolutely! Philip is correct.

SSDI solely for SC disability is excellent probative evidence because ,for one thing, it usually involves an IMO from a real doctor.