Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

TDIU must consider all service connected issues

Rate this question


ArNG11

Question

I have been noticing a trend in mostly all Veterans cases for TDIU as is happening in my case.  I got a call from the VA requesting that I clarify which service connected issues render me unemployable.  I stated all. But they concentrated on two.  As in my case I stated that I have combination of injuries that have disabled me however, it is my service connected illnesses and injuries that prevent and make it very difficult to have continued my profession. More importantly,  substantial gainful employment that is.

In that I realized that the VA is asking me to be a "doctor" and state which two injuries or disabilities render me unemployable.  Guess which two the VA decided to go for TDIU.  Back injury and tinnitus although I claimed all service connected issues, undecided issues, and those on appeal affect employability. 

First this is relying on the Veteran to become a medical expert to choose and prove which injuries and illnesses prevent the veteran from substantial gainful activity.  Second per regulations it is required that the whole disability picture of a Veterans case be considered.  In my case I am stating that all my service connected issues and those pending and on appeal affect my employability. I retired due to all my injuries and diseases affecting my employment, but I maintained to keep military injuries separate from federal service injuries.  At least I have been trying to. Although I have stated there are non military injuries at play, I have made sure to keep those separate from my VA claims, however they are still part of the overall disability picture. Those will eventually become a part of my SSDI claim, however, that is completely separate from my TDIU claim and I have made it clear to VA several times.

Second the disability status must focus on the WHOLE disability picture of a Veteran, that is, with VA, that only his/her service connected issues be the cause of not being substantially gainfully employed. How can you force the VA and in my case the BVA it might seem as that is where I am heading,( 2 year wait of course )to consider all the facts. I know the some of the laws and regs that pertain to this however, not so easy to get my point across to the VA.

Back 20% on appeal VA's reasoning for unemployability

GERD 0% on appeal

 IBS 0% on appeal

GERD and IBS now combined rating still 0% on appeal

Left hip ,on appeal, having surgery on left side in two weeks. right hip surgery at a later time on appeal for service connection

radiculopathy 10% left and 10% right lower extremities on appeal

Anxiety with Depressed mood 50% on appeal MDD/PTSD/ANXIETY/DEPRESSION only going for a correct rating for one Mental Health issue.

Left knee, right knee 0% on appeal, requiring surgery at a later time.

Tinnituts 10%, VA's reasoning for unemployability 

Hypothyroidism 10% on appeal

chronic fatigue, mental sluggishness initially denied now lumped with 10% hypothyroidism rating

sleep disturbances initially denied but now service connected with Mental rating (50%)

Sleep apnea denied on appeal

little ring finger 0%, fused,   no higher rating,

IU claim

 

Granted folks, I understand I have complicated things, however, I could not control how the agencies would interpret my claims. Also I didn't get to be a part of this wonderful site until after the fact with VA and learning as I go.  

I have been looking at CAVC cases but haven't found one that relates completely to my case only in part.  

Thoughts? Attacks? Pertaining regs to this predicament?

 

 

 

 

 

 

Edited by ArNG11
Link to comment
Share on other sites

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder

 

The money is not the point for me, it’s the principle behind these agencies believing they are above the law and don’t have to follow correct protocols.  Plus I really despise being implied and/or being called a liar.  I’m not the one going out of the way to hide facts or evidence.  

I am angry but not you sir, just as the system.  I am not doing well and don’t want to waste any time that I don’t need to, especially the decade or two that I may have to wait to get this sorted out in the BVA and courts. That is my belief and opinions.

You explain everything very well!

People often ask me why I advocate for veterans. They often have no idea how the system screws over veterans by implying they lie, not doing their job right, accusing us of only caring about freebies, etc... It's the principle drives us. We served our country, ended up disabled in various ways, and deserve to have the system get it right for us the first time - without having to spend years dealing with red tape.

Link to comment
Share on other sites

  • 0

You explain everything very well!

People often ask me why I advocate for veterans. They often have no idea how the system screws over veterans by implying they lie, not doing their job right, accusing us of only caring about freebies, etc... It's the principle drives us. We served our country, ended up disabled in various ways, and deserve to have the system get it right for us the first time - without having to spend years dealing with red tape.

Thanks Vync, I was merely trying to explain the situation and explain the reasoning of why and how I did things.  It's a bit unorthodox but I did not know what the heck I was doing, especially relying on the agencies that were supposed to be helping me through.  A bunch of BS.  They smile at you as they are digging that blade into your spinal cord as you're walking out thinking you are being helped.  

Again these are my twisted opinions because of my experiences, I can't make this stuff up.  It's caught me by surprise at times.  Never would have expected it from these folks. It's a nasty game that I am tired of playing, and I haven't even played it for long. JMO

Edited by ArNG11
Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

Thanks Vync, I was merely trying to explain the situation and explain the reasoning of why and how I did things.  It's a bit unorthodox but I did not know what the heck I was doing, especially relying on the agencies that were supposed to be helping me through.  A bunch of BS.  They smile at you as they are digging that blade into your spinal cord as you're walking out thinking you are being helped.  

Again these are my twisted opinions because of my experiences, I can't make this stuff up.  It's caught me by surprise at times.  Never would have expected it from these folks. It's a nasty game that I am tired of playing, and I haven't even played it for long. JMO

I think your justification was crystal clear given the circumstances. If the VA did everything correctly 100% of the time, there would be no need for VSO's or other agencies. I believe everything you said because I have been through similar circumstances too. People not familiar with the way the VA shafts veterans don't believe it is possible, but it happens every day.

Link to comment
Share on other sites

  • 0

Im not one to be a positive thinker given past encounters but it may be that when BVA gets to it they will come to their senses.  Doubt it, but I can't negate the possibility.

If they rely so much on the system to spit out a decision, you would think it would be easy to develop a program that would consider there so called M-21 manual thing but if current regulations or laws apply and would benefit the Veteran then they have no choice to approve and approve correctly.  

If I had the knowledge I would love to write that program ethically and eliminate the whole human error, malicious or not (I don't believe in the latter) when it comes to connecting and rating a service connected issue, whether illness, injury or aggravation of a pre existing condition.  

In any case I just wanted to put this situation out there.  Personally I have not met or conversed with any Veteran that just has one disability.  With any depression would be difficult not connect.  But that is another matter.

So my logic in this is to stay safe and claim only service connected issues.  Leave out the pending undecided issues and amend later if approved.  I asked my rainmaker and were both on agreement on this one if you can believe that.  So I will see how this cookie crumbles.

 

 

Link to comment
Share on other sites

  • 0

What do your C & P DBQ's say as to the affect of your different SCs on your ability to work? Do you have a Professional Employment Councilors written opinion as to you being Unemployable due to your SC conditions?  Just might be time to get with the VA Vocational Rehabilitation Department. If the VA's own Professional Employment Councilor agrees that your too Fracked up due to your multitude of SC's to successfully complete a Voc Rehab Program, a Denial Letter could be the answer to your Evidence problem.

How old are your SCs, has there been  VA Medical documentation of significant deterioration regarding any of your SC DXs?  Have you filed for or are you now receiving SSD? Is there any medical evidence indicating you are precluded from "ALL types of SGI producing Employment," including Sedentary work? Proving that your unable to earn above the SGI $12,400 per yr ($238.50 per wk) is difficult without a (C&P DBQ or Voc Rehab Councilor's Denial Letter). You can't just be Unemployed or Under-employed.

What does your BVA Lawyer say? You have discussed your case with a VA Appeals Lawyer, right? Just a rough estimate, your looking at what, about $62K+ Retro? Can you afford to loose this appeal, the 20% ($12,400) fee, would be cheap for a WIN.

Semper Fi

I meant to answer this earlier and I just recalled you questions.  By VA records, positive evidence Mental Health DBQ and progress notes from a tenured VA Psych department head, and a C&P earlier in the years that was omitted from my mental health claim, I know this because the DRO confirmed it accidentally on my last visit to the regional office.  My oldest service connected issue would be 08/2012. 

I wasn't looking in terms of money but I imagine you're in the ball park with the retro figure just depends what effective dates they give, and when.  I have a plan and the law dog is finally communicating and/or listening to me with an open mind.  I have raised valid points and frankly there is more of an incentive now.  More retro is in play now and he realizes this.

The order of VA approval or denials will be great determiners in how my claims turn out and how much retro is involved in the long run though.  

Yes I have filed for SSD still waiting on the 2nd denial, OPM approved medical retirement and some issues are intertwined with military injuries. The kicker with all the issues though is I have decided to not wait for the VA medical side of the house to do the right thing. Im letting my private insurance handle that mess.  

For folks on here I think I can safely say to use the VA's law breaking and regulation ignoring to your advantage.  Getting your records in line with all agencies that will be involved particularly VAMC, VA, SSD, private med records and current/past employers will be helpful to strengthen your case and or claims. Research and ask for help when needed on here is all I can advise.  

I will try to keep folks posted as events unfold.  But surgery tomorrow is on my mind so I bid farewell and until next time.   

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use