tdiu Questions!

[MarineWife]

My husband want to go filed for TDIU and SSDI today. He cannot work at all because of his SC Disabilities (90% rating April 2015). My question is that his PCP provider or Orthopedic Doctor has not stated in his record that he cannot work. He has an appointment with his PCP which is a VA Doctor on June 30, 2015 and an appointment with his Orthopedic Doctor (another VA Doctor) on July 15, 2015 and we will discuss with them as well that he can't work at all dued to his SC disabilities. The Orthopedic Doctor went back in his knee on June 2014 and it has gotten worser. Can we still go and apply for TDIU and SSDI today.

[Andyman73]

Thank You so mulch Andyman. I really needed to hear this today. If I keep on and hang in there something great will happen. Like I said earlier my husband will just quite and give up. I have to continue to fight for him. It get hard sometimes but I found out that it is good to be connected to others that are going or have been through similar or the same situations. I thank God for this site and the great people on this site that take the time to help and encourage others to hang in there. God Bless!!!

You are very welcome. I only found this site a few months ago, while on another military related site. This site is a Godsend! I pray He will bless you and reward you for your hard work and perserverance.

Semper Fi.

Andy

[MarineWife]

Does your husband have 1 SC currently rated at 40% or more? If so, he's eligible for an IU Scheduler filing. That being the case, I see 2 very important hurdles for his IU Claim. He must find an Employment Specialist that will attest to his SC conditions being the reason that he can not be employed currently doing anything (Even Sedentary work) that would earn in excess of the $238.. 00 per week ($12,400 per year) which is the VA cutoff for Substantially Gainful Employment Income. Just currently being unemployed or under-employed does not get the IU rating. Did his last rating letter include an "Inferred IU Claim" pending statement?

As for the SA claim as Secondary to PTSD or anything else, you must find a Sleep Specialist Dr that believes his SA is caused by whatever SC you're trying to link it to. Has he been DX'd with SA either by a private or VA Dr? Then you're in the "What came 1st, the Chicken or the Egg" situation. A DX of SA before or shortly after the DX for the SC condition can be a tough sell.

Semper Fi

Gastone

Yes my husband do have at least one sc disabilities that is rated at 40%. He have two. His last letter didn't include an 'inferred IU Claim" pending statement. We just applied for IU. Stilled kinda new to this site, what do you mean by DX'd . He was diagnose with PTSD in his current rating (4/2015) but had a sleep study done one month before he got his current rating at the VA Hospital and found out he has SA and had to get a CPAP Machine.

[Andyman73]

Marinewife,

Since the VA diagnosed his SA, and issued the CPAP, he should put in a claim for the SA. I think the rating for SA w/CPAP is 50%. That would certainly go along way to cement a 100% P&T rating.

Semper Fi

Andy

[Gastone]

When it comes to SA ratings it's all about the Nexus to the SC condition you're claiming that the SA is Secondary to. You really need to concentrate on finding a VA or Private Sleep Dr that will give you an opinion as to the cause of his SA. There are many possible causes of SA and you need a Medical opinion stating that it is either"More Likely than not or at least as likely as not" caused by his SC condition.

When you have the time, check out BVA Decisions 2014 with emphsince on SA Awards & Denials. See what you're up against.

Semper Fi

Gastone

[MarineWife]

Marinewife,

Since the VA diagnosed his SA, and issued the CPAP, he should put in a claim for the SA. I think the rating for SA w/CPAP is 50%. That would certainly go along way to cement a 100% P&T rating.

Semper Fi

Andy

I'm working on that as well.Thanks

[MarineWife]

When it comes to SA ratings it's all about the Nexus to the SC condition you're claiming that the SA is Secondary to. You really need to concentrate on finding a VA or Private Sleep Dr that will give you an opinion as to the cause of his SA. There are many possible causes of SA and you need a Medical opinion stating that it is either"More Likely than not or at least as likely as not" caused by his SC condition.

When you have the time, check out BVA Decisions 2014 with emphsince on SA Awards & Denials. See what you're up against.

Semper Fi

Gastone

Thank you I will check that out.