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]

1 hour ago, OCDMarine said:

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?  

Yes this is correct and the argument for my claim.  There is a choice to be made between OWCP and medical retirement. However you can qualify for two benefits for different injuries. There is an offset between SSI and OPM but we can discuss that later. You can be receiving concurrent benefits.  

[OCDMarine]

7 minutes ago, GARYLINN said:

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

Garylinn,  Did you submit a IMO when you applied for TDIU?  or did you just submit a Form 21-8940?  

[OCDMarine]

Form 21-8940 for TDIU  (Box 20 asks do you receive workers comp? Altho I do yes, Its not for any of my service connected disabilities I guess I still must answer yes on this?)     (Box 18 asks Did you leave your last job because of your disability?) I left because I went out on Workers comp. My service connected disabilities became alot worse after that, so im not sure what Date to put for  (Box15 what date did you become too disabled to work?) It was back in November when my Depression/Anxiety/OCD became so bad I couldnt leave the house.....    I know this is confusing, any input would be great.  THX 

[ArNG11]

Keep in mind if youre service connected injuries were made worse by working there then indicate as such. Working certain jobs can aggravate them and there is a case there. It is difficult to keep them seperated but not impossible.  As long as you're truthfull and can back your claim by medical evidence and opinions then you have a firm foundation and can win.  I can attest this process is not easy in the least. JMO and experience. 

[OCDMarine]

Ok.  Yes I am always truthful and I keep my records very organized because it seems that the agencies get things lost and confused often, so i always have my Medical Evidence ready for them if need be.  Thanks

[ArNG11]

Wasn't implying anything by no means. I believe the process to be very cut throat. You need to be ready for the shenanigans. 

You can win with the evidence, regulations, and law being on your side.  Time is always the booger though. Go by the numbers slow and easy. Slow is smooth and smooth is fast. ?

Good luck.