tdiu Questions About Dro Hearing

[Usetacould]

This is my first post but I have been reading and researching on these forums for a long time.

Hopefully someone can shed a little light on my situation. Or maybe ease my mind.

I am currently rated at 70% combined. I have a lower back rating of 40% and 5 other 10% ratings. About a year ago I filed for individual unemployability and was denied. I have 4 destroyed discs in my lower back and 3 more damaged ones in my upper spine. I recently got a spinal cord stimulator implanted, I am actually still recovering from the surgery. I also have nerve damage in one of my legs and am forced to walk with a cane.

I filed for unemployability due to the fact my service connected disability caused me to lose my job. I was forced to medically retire. I was advised by my VA doctor to stop working. I attempted to go through vocational rehab but they told me they could not find a career path for me due to my multiple disabilities and the fact I am only going to get worse. They then sent me to Independent Living and I am currently awaiting one more letter in the mail from my doctor (which has been completed) to receive the items I requested. I also applied for and received a handicapped placard for my vehicle (the VA doctor completed the paperwork stating I have permanent disabilities). My wife is also my caretaker and receives a stipend from the VA at the tier 2 level. I have also filed for another increase for depression and anxiety as secondary due to losing my career, as well as a rating for all the scars from my surgeries and others I got while still in the military. I am still waiting for those to work their way through the system.

During my C&P exam for my back to get my rating raised and IU, in the block or question that asks if I have been forced to miss work for more than 6 weeks I answered yes and it was documented. From my research I found that is supposed to give me 60%. Just with this increase it seems I should be rated a minimum of 80% combined.

I feel that the only things working against me are my age and my appearance. I know this sounds strange but I am only 39 and I always tried to take really good care of myself. If someone were to just look at me I do not look disabled.

Due to the denial of IU I hired an attorney to help me appeal. I was just tired of dealing with it on my own.... They took my case on contingency so that makes me feel like I have a pretty good chance of winning. I have a DRO hearing coming up on the 7th of July. I am curious what these hearings are like. I read that they are pretty casual, but is it different with a lawyer? Also based on what I said (I know the information is not complete) what are everyones thoughts on my chances of IU or an increase? My DRO hearing is in Nevada if that makes a difference.

Thank you in advance for any information.

"Usetacould"

[Navy04]

Welcome aboard and sorry to hear of your issues. I too have multiple bone and joint issues. You have too many Low %s, that is really what is not going in your favor. I was Medically Temporary Retired from Navy at 30 years of age with 30% DOD and 80% VA, and now at 33 I have 100% VA, Permanent Navy Retired, SSDI in less than 10 weeks and wife is Paid to be my VA Care Giver. I definitely know how you feel bud, I am 6'3 200lbs athletic looking, even though My GI Doc says that I have the insides of a 65 year old. I am actually having my second Testicular surgery soon, yet people look at my Disabled Plates and wonder where it comes from. Just go in there be honest, and you should be fine. Good luck and God Bless!!!

[Buck52]

usttocould,

If you have the medical evidence to show your disability keeps you from work, the rater should boost your rating up using the extra scheduler they can keep you at your combined rating and pay you the 100% with TDIU Rating if you get a IMO and Dr specializedd in your field of disability's he/she use & follow the VA criteria & guidelines as to what your disability are and states in his/her opinion ''this veteran is totally disable and can not work due to his SC Disability's''

you need to file for TDIU with the fast letter OR NOD Disagree with there decision

I Believe you have an excellent chance at TDIU P&T.

.........................Buck

[Buck52]

Here is the FL FOR TDIU Link

http://www.scribd.com/doc/148923612/FL13-013-001

[Buck52]

You might file for SSDI If you have not done so already?

I would file tomorrow if I was you...if you get denied and you win your TDIU that will help you get SSDI.

SO FILE FOR SSDI ASAP.

....................Buck

[Usetacould]

Thank you for the advice. Unfortunately I am not eligible for SSDI due to the job I medically retired from.

[Buck52]

As for as DRO Hearing I think there great especially if you get a decent veteran friendly DRO

you can chat with him face to face and state your case present all your medical evidence hopefully he will review your Cfile before the hearing so take any more evidence with you to the hearing he don't know about.

AS for as the Hearing you go in to this room with a long table and chairs with microphones at every seat (usually) the DRO will Introduce himself and ask what he can do for you today? and you guys can start talking the DRO will let you know how the Hearing is conducted and you have a choice to let it be a formal hearing or informal...informal the mics are turn off but the hearing will have a transcript of everything that was said on the Record...just relax state you case and answer the DRO questions be friendly and mild mannered.

you be ok buddy DRO Hearings are good to have.

Buck