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]

Well it is done, now for the wait. I feel it went good and since i was told that my left leg now has atrophy (slight) I think I may see increase in that issue. I was rated 10% on both legs, but now left leg is sever with measured atrophy and right leg is moderate so i could see increase on the right as well, just not as much. I believe my ROM has decreased somewhat but not much and considering it is subjective (even with the measuring device) its anybodies guess.

Basically this was a re-consideration on current service connected issues, and TDIU evalution.

[retiredat44]

I just went through a c&p exam (the big ambush I posted about recently)). My rep said let's do a TDIU. I asked my previous rep who said don't. I was pissed. I have many appeals in the oven. So, I am awaiting the TDIU decision. I have been on SSDI for 25 years. I can never work again, my medical records totally back me up. I am just waiting for the TDIU decision, and my claims need to get to appeals after this decision, no matter what I want them all to go through appeals. Not sure how long for the decision. I had the last c&p in April 2014.

[confusion99%]

Guess I join your club....I too have 4 C&P exams today plus the overall for TDIU. These are all "reopen" issues from my first win on all these issues. I have until the middle of July to file NOD or appeal. I doubt if this will get settled before then, but could happen. If not, will fill all the NOD's and appeal, to CYA since these are referred to as "reopen". Don't really know what that means but will find out.

I also spent 5 years on SSDI, which was mixed SC and non-SC reasons, but most of the non-SC's were pushed by my atty and they are mentioned a lot in the decision, where the SC issues were mentioned more in passing. So think that will work against me. The SC stuff has become much worse over the years. The SSDI stopped and was turned into regular SS retirement when I turned 66.

I have been stressing over this to no end however when I got the QTC letters for the C&P's I am 90% sure this is with the same doctor that the SS sent me to for their exams when I went on SSDI. If I am right, this Doc. really did a bang up job on my SSDI physical working up everything he could find that was wrong with me and put the icing on the cake with my medical records for the positive decision on the SSDI. So maybe he will do the same thing for this one for the VA. He at least is an internal medicine doctor with 25 years experience and not a PA that trims toenails for a podiatrist. But, I am still stressed to the max. I am extremely paranoid about any dealings with the government as I no longer trust anyone anywhere in government.

Anyway, wish me luck. even with the increases, I don't think it will push me more than from my present 80% up to 90% but maybe can get the TDIU along with the increase.

[retiredat44]

Well, it has been 6 weeks or more, still no decision... since the crappy C&P exam. and for my TDIU decision. Although I have many open claims, this is the last before they go to appeals. I really expect a decision at around 2 months after the last exam, which means in the next few weeks. Oregon seems to be not any faster than California, in regards to the pace at which claims are gone through.

[Chuck75]

"Entitlement to non service connected pension IS established".

That says that you were granted a pension, not a compensated SC'd condition. This is mainly based on income.

When I was collecting SSDI, due to the amount, and other assets, I would not have been eligible for a VA pension.

As I understand it, you are now fighting for SC'd conditions. (Good luck, I had and have a long battle going, now into the appeals process.)

This can get interesting, to say the least!

If granted, I believe it will impact the pension amount. Exactly how is a detail that I've not researched.

I'd expect the pension amount to be decreased by minor SC'd compensation, or replaced

if the compensation is greater than the pension amount, then I'd expect to see the pension amount deducted

from any retro due for the time covered by the retro. If this happens, you will really need to verify that the VA's

calculations are, in fact, correct. They often are not.

[retiredat44]

well, I got the decision on the ambush exam to see if I still suffer from headaches. They said I still suffer. So it was an ambush review to try to stop me from my tdiu claim and all my other claims. They tried to review my permanent disability to avoid giving me my benefits. And future benefits. At least I won. Which means I am still where I started. Still no decision on my other claims. The years just crawl by. So, if you think they will never review your old claims they will, and they will see if they can reverse any old decisions. They are evil.