tdiu 80% Rating just received

[OCDMarine]

Hello Veterans.  I just received an increase from 40% to 80%.  I put my claim in December 2015.  My ratings are as follows:

20%: Lower Back Condition (continued)

70% Major depressive disorder, generalized anxiety disorder, obsessive compulsive personality disorder (ocpd claimed as anxiety, depression, and difficulty sleeping) (secondary to lower back condition)

10% Radiculopathy lower left extremity (secondary to lower back condition)

10% Radiculopathy lower right extremity (secondary to lower back condition)

10% Left knee strain (continued)

10% Right knee strain (continued)

 

I have a few questions I would like to ask.  1st.  Should I file for TDIU?  Would i qualify? (I have been out of work since August)?  I am unable to work due to my medical conditions.  2nd.  My Comp and Pen examiner did not use a Goniometer while checking the range of motion for my Spine and Knees.  I am very limited in my range of motion.  Should I file a inadequate comp and pension exam?  I just wanted some input and opinions from you guys if possible.  Thank you.

[ArNG11]

Should you and could you I would say yes you can qualify with what you have above, however, most times mental ratings like those above are not permanent.  

Are you still not working?,  do you feel the ratings are not correct, can you or do you have the evidence to  prove other wise? I would get some decision information first and a copy of your medical records/c file.   After that I you could invest in an IME/IMO to counter the rating decision or send overlooked evidence of a more serious disability picture and file the NOD before your 1 year appeal period is up.  You need the medical evidence to justify a higher rating backed up by a medical experts opinion as to the severity of your condition, along with the relationship to service.  That would be a good start. 

Do you have a sanitized copy of the decision that you could post without personal identifiable information on it, that you could post?  That would help a great deal for folks to give suggestions.

 

[Carl the Engineer]

Yes you should file for IU, if you cant work.  Gives you a date, the ealier the better.

I would also ask for a increase for the exams that were done with the proper tool.  Someone just shootin numbers out of thier a**.

Good luck and keep pluggin along,

Hamslice

 

[OCDMarine]

I think I will apply for TDIU.  My OCD is relentless even on medication..  So hard to leave the house on certain days.  I have been out of work since August on workers comp (not a service connected injury)   All the research i have done tells me that I can get TDIU for my service connected disabilities while collecting OWCP workers comp for a different non service connected condition.  Do you guys know have any information on this?  

[Berta]

That is a good question.......these are 2 different issues.

I am sure we have vets here who might get SSDI for NSCs but also would be eligible for TDIU as well....

Still...OWCP.... is that a temporary benefit because they expect you to recover from the work related disability?

Was this an accident that could have been caused in any way by any of your SC's?

I agree with ArNG too that a strong IMO/IME could help with the TDIU because....

 "My OCD is relentless even on medication..  So hard to leave the house on certain days"... a good psyche opinion might set the stage for a SMC HB award in addition to the TDIU...if they diagnose you with agoraphobia solely due to the OCD.

[OCDMarine]

Yes Berta.  The OWCP is only temporary, I receive OWCP for a non-service connected injury.  I am currently being paid by them as I receive treatments.  I dont know how to put my mental C and P exam on here, but the examiner said that my OCD/Depression/Anxiety greatly impacts my ability to work or sustain gainful employment, which it does.   Can I get an IMO from my primary care doctor out in town?  or should I ask my VA doctor?  They keep changing doctors on me at the VA and I currently have a PA, no an MD.

[GARYLINN]

9 minutes ago, OCDMarine said:

Yes Berta.  The OWCP is only temporary, I receive OWCP for a non-service connected injury.  I am currently being paid by them as I receive treatments.  I dont know how to put my mental C and P exam on here, but the examiner said that my OCD/Depression/Anxiety greatly impacts my ability to work or sustain gainful employment, which it does.   Can I get an IMO from my primary care doctor out in town?  or should I ask my VA doctor?  They keep changing doctors on me at the VA and I currently have a PA, no an MD.

When I received my 70% disability, I immediately put in for unemployablility and received it within a month.  GO FOR IT