Reaching the conclusion of this process, ? about TDIU

[MKAH]

Hi everyone,

I am currently SC at 80% 
Tinnitus 10%
Hearing Loss 50%
Headaches 50%

= 78 rounded up to 80%

I have not worked at all since Jan 3, 2016 due to my SC disabilities.

I have a PTSD REMAND pending at the RO with a C&P on 8/9/2019 that contains line(s) that specify, OCCUPATIONAL AND SOCIAL IMPAIRMENT=
[X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking
and/or mood
It is my understanding that this level of ..impairment.. may fall into the possibility of 70%, but not necessarily a slam dunk by any means?

...OPINION AS TO WHETHER IT IS AT LEAST AS LIKELY AS NOT (50
PERCENT OR GREATER PROBABILITY)...=
It is at least as likely as not (50 percent or greater probability) that the veterans major depressive disorder
and obsessive compulsive disorder were incurred during, caused by or are otherwise related to his active
service.

I got a letter via FedEx a few days ago from the VES and the RO is having the same outside Psychiatrist (PsyD) that conducted and wrote my C&P, perform a "record review".
This leads me to believe that someone at the RO is currently looking over my claim so they can either deny it and send it back to the BVA, or approve it and assign a rating?  My guess..

The question:
Lets say by chance, I was approved and received a SC PTSD rating of 70%, this would bring me up to 94%, rounded down to 90%.
Will the RO automatically consider an Extra-scheduler evaluation or TDIU during this rating process, or will I need to apply for that if and when the time arises?

Sorry for the long winded question, but I thought the explanation may be useful considering how close it would be to 100% Scheduler and the significant problems associated with serious hearing loss, serious headaches and serious PTSD.

Thank you very much.

[pacmanx1]

The good thing is that you already meet the TDIU criteria. Now that your claim is in the remand status and the VA working on it, VA should address the TDIU issue.  If you have not filed for TDIU, VA should send an application along with the decision letter. If not, you can always apply once you get the letter or if VA address the issue and deny it, likely all decisions you can file an appeal back to the board.  

[GBArmy]

I believe pacman is spot on. They should be evaluating you for TDIU as you would meet the required criteria. My only thought, and I am sure that you are aware is you would be very close to rounding up to 100% scheduler. Are you absolutely sure there isn't some additional disability you haven't gone after that can get you over the VA math hump? Maybe meds causing some stomach (GERD) issues for example.

[MKAH]

5 hours ago, pacmanx1 said:

The good thing is that you already meet the TDIU criteria. Now that your claim is in the remand status and the VA working on it, VA should address the TDIU issue.  If you have not filed for TDIU, VA should send an application along with the decision letter. If not, you can always apply once you get the letter or if VA address the issue and deny it, likely all decisions you can file an appeal back to the board.  

Thank you Pacmanx1,

I will hold tight for the decision letter and see what happens.

The REMAN PTSD C&P was last summer (prior to my headache award) and now that the RO has the same Dr. reviewing my records again I feel like my case may be reaching a conclusion?

This process has been so long and difficult, which makes it great to have this forum to correspond with fellow veterans.

 

[MKAH]

4 hours ago, GBArmy said:

I believe pacman is spot on. They should be evaluating you for TDIU as you would meet the required criteria. My only thought, and I am sure that you are aware is you would be very close to rounding up to 100% scheduler. Are you absolutely sure there isn't some additional disability you haven't gone after that can get you over the VA math hump? Maybe meds causing some stomach (GERD) issues for example.

GBArmy,

Interesting development.

When I was recently awarded 50% headaches due to tinnitus, the C&P examiner said that she would also be adding language in her report detailing that my Vertigo (which keeps me from driving - the DMV based on VA reporting suspended my license due to frequent falls).  She said that she believes my hearing loss and tinnitus in particular, are significantly contributing to my vertigo.

The only problem I see with, is I think this would be considered what I believe is called "stacking" secondary disabilities.  I am already SC for headaches due to tinnitus, so I don't think the  VA allows tinnitus to be the cause or contributor of another disability, eg; Vertigo?  I may be misunderstanding this though?

Hopefully someone with more experience in this matter can weigh in?

Thank you again.

[pacmanx1]

12 minutes ago, MKAH said:

This process has been so long and difficult, which makes it great to have this forum to correspond with fellow veterans.

Yes I do agree that the camaraderie here is what really helps out. The one thing I forgot in my post is to make sure you pay very close attention to your TDIU effective date. I am not sure what happened when you were rated at 80% but VA should have considered TDIU at that time. So you may have a really nice retro check. 

[MKAH]

2 minutes ago, pacmanx1 said:

Yes I do agree that the camaraderie here is what really helps out. The one thing I forgot in my post is to make sure you pay very close attention to your TDIU effective date. I am not sure what happened when you were rated at 80% but VA should have considered TDIU at that time. So you may have a really nice retro check. 

Yes, I wrote a spreadsheet to calculate retro pay which includes cost of living increases, date of claim(s) less current and historical payments and the agreed 20% legal fee cost which was sent directly to Woods & Woods.  For the headache claim, it my retro award was accurate within a few bucks of being in balance with my spreadsheet.

I didn't mention it, but my recent headache claim detailed the 50% award and also said;  "An Extra-schedular evaluation was considered, but did show an exceptional or unusual disability picture with such factors as marked interference with employment or frequent hospitalization....bla bla bla."

My attorney wants to wait until the PTSD claim is decided and rated and file an appeal for TDIU on the PTSD claim as it has a much older filing date.  That is, if the PTSD is SC, other wise probably file for TDIU on the combination of current SC disabilities.   So I am following those directions.