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.

[MarineWife]

First things first, Buck posted

My understanding is that the veterans must list at least one service connected disability but he/she could list more than one.

Overview of Changes

• VA will no longer presume a claim for TDIU is a claim for increase in all service-connected disabilities. As part of a substantially complete application for TDIU, VA will require that the claimant with multiple service-connected disabilities specify at least one disability that he or she believes causes the unemployability.

• VA will consider the Veteran’s specification of the disabilities that he or she believes cause unemployability to be claims for increased evaluation for those conditions.

• VA will require the claimant complete and submit VA Form 21-8940,

Veteran's Application for Increased Compensation Based on Unemployability,

to substantiate the claim of TDIU.

• VA will administratively deny TDIU claims if VA requests, but the Veteran does not submit, required forms or evidence.

• VA has the flexibility to request either condition-specific Disability Benefits Questionnaires (DBQs) or a general medical DBQ when VA determines that examinations are needed to decide the claim.

• VA will interpret the scheduler requirements in 38 C.F.R. 4.16(a) to mean that a combined 70 percent rating is only required if no single disability is rated at 60 percent disabling.

Yes, I would like to know your husband's service connected disabilities because it is hard to get sleep apnea service connected if your husband was not treated for it while he was on active duty but he could have a better chance of getting it service connected as a secondary condition depending on his already service connected conditions but I would need to know what they are.

Here is his service connected disabilities:

1. degenerative joint disease of the left knee status post ACL and LCL repair with limitation of extension: 40%

2. degenerative joint disease of the left knee status post ACL and LCL repair with instability and subluxation: 20%

3. degenerative joint disease of the left knee status post ACL and LCL repair with limitation of flexion: 10% (This is the one they used to give him total disability (100%) and housebound but it only lasted from June 24, 2014 to September 1, 2014).Because the VA doctor said no limitation to activity. This is bull crap!!!

4. left peroneal nerve paralysis (also claimed as foot drop and chronic neuropathy): 30%

5. painful surgical of the left knee: 10%

6. tinnitus: 10%

7. bilateral pes planus: o%

8. degenerative joint disease of the cervical spine: 20%

9. degenerative joint disease :of the lumbar spine: 20% They said this was link to left knee and neurological condition

10. right testicle orchiectomy status post epididymitis (also claimed as loss of creative organ):10%

11. PTSD :50% (combat)

My husband old rating was 50% service connected:

1. paresis left peroneal nerve:30%

2. Status post arthrotomy of the left knee:10%

3. residuals epididymitis with orchiectomy right testicle;10%

4. Surgical scars of the left knee associated with status post arthrotomy of the left knee:

Sorry it took so long.

[Guest]

IMHO, it would be best to get a statement from your husbands mental health doctor that his sleep apnea is caused by or is a result of his already service connected PTSD. I personally found out that VA doctors do not like writing statements/letters but they will write a statement/comment in the veterans treatment/progress reports. You can also ask his medical doctors about his employability.

[MarineWife]

IMHO, it would be best to get a statement from your husbands mental health doctor that his sleep apnea is caused by or is a result of his already service connected PTSD. I personally found out that VA doctors do not like writing statements/letters but they will write a statement/comment in the veterans treatment/progress reports. You can also ask his medical doctors about his employability.

Thank You so much Pete992 for taking the time help me as well as others on this site. I am going to call today to get him an appointment with his mental health doctor which is not with the VA. Thanks!!!

[Buck52]

I might add too if your husband is depressed because of his disability's he should mention this to his PCP it leaves a paper trail so to speak and depression can be filed as secondary to most if not all of his disability's.

Like pete 992 mention you need to go get his TPRs from the VAMC and read his progress reports...some may even have a Diagnosis that you may not know about?..it would be in the progress reports as ''Consult Request'' in the top right corner where progress Notes would be.

If you haven't yet request his C-File.

JMO

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

Edited June 23, 2015 by Buck52

[brokensoldier244th]

As someone that is currently rated 70% for depression/spectrum due to pain, this is a very important point mentioned to get an MH exam and start seeking some help. Even if just to yell at someone for awhile. It does help. There are days when I dont want to get out of bed because I just have a F=All attitude to the world. The rating it nice, too, but honestly it helped me with my wife and kids more than the money. I was having lapses in performance at work, and in a technical field with proprietary data thats a big deal. My reviews were slipping, and ive, over time, lost three jobs because of it, and a Masters degree in progress. At least now I have an idea on WHY and what contributes to that, what my triggers are, and how to better relate to it, and my wife and kids.

Edited June 23, 2015 by brokensoldier244th

[Guest]

I might add too if your husband is depressed because of his disability's he should mention this to his PCP it leaves a paper trail so to speak and depression can be filed as secondary to most if not all of his disability's.

The veteran is already service connected for a mental health issue PTSD, VA can only compensate for one disability in a category. PTSD and depression falls under the same category. Yes, I know that a veteran could have a separate rating for an eating disorder but that is a different situation and I do not think it applies to this veterans case.