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"

[USMC_VET]

So I got an email from my attorney last night late. The VA hasn't given them my c-file yet. They have requested it several times over the last 8 months. My attorney said we might have to postpone my appeal now since they can't get the information. Im so nervous and frustrated....

Anyone know why the VA wouldn't give my file to my attorney?

because they have no reason to help out in a timely fashion.

For arguments sake lets say its predetermined you will win...

If they help quickly and efficiently - you get the TDIU from here on out and are paid for that every month

If they drag their heels and "F" everything up and drag heels more - they pay you retro and from here on out you get paid.

both = same amount of money. so if they drag it out maybe you quit, maybe you get hit by a bus. their odds ar ebetter (by .0001%) if they drag it out, which is why they do.

The only way to make it work right, is if the VA is somehow penalized for failing to provide C-Files WITHIN THEIR OWN FRIGGEN TIMELINES!!!!!

I think that to make it work better would be if you are on appeal and request your C-FILE you are granted 25% of award value per day they are over their own timelines for records request if you win.

And for claims that they are penalized 1% of total award per day over 180 days. Any VARO that has a case over 180 days, the director is penalized 1% of their pay per week it is over

[vern2]

It took me over one year via FOIA and going to OGC to get my c-file, and still was missing key documents.

[Usetacould]

I got a call today from my lawyer. They are willing to concede and give me TDIU as soon as she proves that the Independent Living paperwork said what my lawyer told them. Apparently she faxed it to the DRO this afternoon so the decision should be forthcoming. My IL paperwork was pretty clear that I can't work. After the lawyer proves that they just have to nail down a backpay date. And my c-file still wasn't provided.

After dealing with the VA for this long I am still worried but it's looking up. Fingers crossed that this will all be over in the next couple weeks.

[broncovet]

Congratulations. Even tho you have not gotten the piece of paper yet, you "should" be able to trust your lawyer. After all, he does not get paid until you do.

I agree its a real problem the VA witholding your cfile. However, it sounds like its working out for you.

Continue with what you are doing, and dont give up on your cfile as you can expect VA to hornswaggle you on the effective date. The effective date should be the later of the date you applied or the date the doc said you were "unable to maintain substantial gainful employment due to SC conditions".

You will still have a wait..maybe several months. Get you a hobby in the mean time. You could ask your lawyer what he thinks the effective date will be and then you can estimate your retro.

Then you can make a plan as to what to do with it.

When I do this , I usually "pick 3".

First is a low estimate of retro. Say, your most recent c and p exam. Lets say that works out to 10,000 for 7 months, after attorney fees.

Then, a "middle" estimate. Say, when you sent in the tdiu form. Lets gues that is a year or 20,000 after attorney fees and so forth.

Then, a "Wow" estimate. The VA pays you back to when you first applied, 2 years ago, and you wind up with 40k.

In each case decide your priorties on the money. For example:

a. Retro is 10,000 or less. Pay off bills of 2,000. Put 4000 in cash in bank, and 2000 as gifts/tithing.

b. Retro is 20,000 -40000. Pay off bills. Put 4000 to tithe, gifts. Put 4000 in cash in the bank. Go on a cruise with wife for 5000. Invest the rest.

c. Retro is 40,000 plus. Pay off bills. 5000 to tithe, gifts. 10,000 in the bank, Get a car, and a cruise. Invest the rest.

Its fun for some to tweak or fine tune these numbers. I do.

Edited July 7, 2015 by broncovet

[Usetacould]

Plan A: Pay off some money I owe my ex to convince her to move with my kids. I don't like where I live...

Plan B: Do some renovations to our house and pay off some bills so we can sell it in a few years and move. I really don't like where I live.....

Plan C: Go to a Vikings/Broncos game...my wife is a Broncos fan I am a Vikings fan (they hardly ever play each other). And pay off some bills.

Its fun to think about but I'm not counting any chickens yet....

[Usetacould]

I got the call from my lawyer that they approved Unemployability monday, they conceded before my hearing. Then she emailed me tuedsay that it is going to be permanent and total. The weight has been lifted!

Now I can concentrate on being feeling better and being a good dad and husband.

To everyone out there fighting with this system: There is light at the end of the tunnel. Just keep chipping away until they give you what you deserve.