I am currently 80% and have a Remand for TDIU from the BVA. The remand was due to the original RO not even considering my TDIU claim along with BVA granting service connection for diabetes . I am service connected for diabetes type 2 on insulin. I have developed Autonomic Neuropathy which causes syncope and near syncope several hospitalizations. The VA rated my Autonomic Neuropathy under Gastroperesis which I also developed due to AN. I also have orthostatic hypotension episodes regularly(at least 15 times a month. My Physician of 5 years wrote an IMO that I could "Not secure or maintain a substantially gainful occupation due to my Diabetic Neuropathy". In 2009 I was placed on FERS Disability retirement due to Diabetes. I have a C&P for my TDIU next week and the VA called me to schedule it and they stated they were going to look at all of my rated conditions. I would like to know if anyone has an information or advice or criticism as to whether my IMO is helpful and is it normal for a complete C&P for all conditions for a TDIU claim. Thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
Question
Sgscott1
I am currently 80% and have a Remand for TDIU from the BVA. The remand was due to the original RO not even considering my TDIU claim along with BVA granting service connection for diabetes . I am service connected for diabetes type 2 on insulin. I have developed Autonomic Neuropathy which causes syncope and near syncope several hospitalizations. The VA rated my Autonomic Neuropathy under Gastroperesis which I also developed due to AN. I also have orthostatic hypotension episodes regularly(at least 15 times a month. My Physician of 5 years wrote an IMO that I could "Not secure or maintain a substantially gainful occupation due to my Diabetic Neuropathy". In 2009 I was placed on FERS Disability retirement due to Diabetes. I have a C&P for my TDIU next week and the VA called me to schedule it and they stated they were going to look at all of my rated conditions. I would like to know if anyone has an information or advice or criticism as to whether my IMO is helpful and is it normal for a complete C&P for all conditions for a TDIU claim. Thanks in advance.
Edited by Sgscott1Link to comment
Share on other sites
Top Posters For This Question
11
3
2
Popular Days
Dec 1
8
Jan 7
4
Nov 30
2
Dec 6
2
Top Posters For This Question
Sgscott1 11 posts
allan1351 3 posts
Navy04 2 posts
Popular Days
Dec 1 2015
8 posts
Jan 7 2016
4 posts
Nov 30 2015
2 posts
Dec 6 2015
2 posts
Popular Posts
Sgscott1
Just had my C&P. Very knowledgeable to my conditions. In my surprise she found 3 other secondary conditions that I should be rated for. IBS, Genitourinary, and Neurological. Everything was in my f
Berta
Yes, that should have weight as well as the IMO, as long as it followed the IMO criteria here at hadit. You mentioned many problems that could certainly be directly due to the DMII.......did the docto
Guest
Yes, I agree but you will have to hold VA feet to the frying pan and make sure they give you the correct effective date. There are times like these that VA would try to go with the new C & P exam
27 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now