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Likelihood of Successful TDIU Claim??


aggravating_coyote

Question

I know it's only a guess, but based on my application, I'm interested to know opinions on my chances of success.  Here are the particulars.

  1. Very recently I'm 70% SC for mild neurocognitive disease.
  2. I have not worked full-time since 2017, but have had 2 part-time jobs.
  3. The following items were submitted as part of my application
    1. VA Request for Employment Information forms from both part-time employers documenting, cognitive and behavioral issues. 
    2. Warning letter documenting many behavioral issues from my last full-time employer
    3. HR letter document my behavioral issues as the reason for my contract non-renewal
    4. VA note from my neurologist documenting the SC disabilities making me unemployable with no expected improvement in my conditions

Wil  you offer a guess on my chances of getting permanent and total TDIU?

Thanks

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1 hour ago, Berta said:
  1. Are you saying in addition to the neurocognitive disease. you have Alzheimer and Bi Polar?
  2. Bi Polar is a MH issue, where as brain trauma and disease is a physical problem ( that could cause secondary MH problems.)
  3. What Sub were you on?
  1. I am not diagnosed with Alz.  I've been SC for depression for many years, but about 1 year ago, the psych MD changed it to bi-polar.  I have not submitted a bipolar claim. 
  2. Yes, I've been advised to submit a claim for my MRI and PET diagnosed pathologies.
  3. James Madison (G), Henry L. Stimson (B).

Thank you for continuing our conversation

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  • HadIt.com Elder
Posted (edited)

There is also the fact that many sailors on shipyard duty have definitely been exposed to toxins.

https://www.king5.com/article/news/local/investigations/bremerton-shipyard-workers-exposed-to-dangerous-toxins-for-years/489773478

This article focuses on civilian shipyard workers, but I am sure sailors were exposed to cyanide etc as well.

Edited by Berta
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  • HadIt.com Elder

One more  reply-

This veteran had two bilateral neurological conditions and worked in a shipyard:

"At the Veteran's hearing in June 2014, he testified he was assigned to the USS Kentucky in 1990 while it was being built by General Dynamics at a shipyard in Groton, Connecticut. He and others were required to report to the submarine while it was under construction. During this time, he testified that he was subjected to a large amount of industrial chemicals that he inhaled on a daily basis. The Veteran states that the Navy did not provide the Veteran any type of inhalation protection during this time, even though the civilian workers were provided such equipment. The Veteran states that he was forced to sleep on the boat and he would wake up covered in a white powdery substance, he could hardly breathe and his legs were aching. He reported to sick call with his complaints and was given a muscle relaxer to help with his legs, but he was not removed from duty of protecting the submarine and supervising the civilian workers. At a DRO hearing in February 2010, the Veteran explained that while he was assigned to the USS Kentucky, he would often go back to Washington State for a few months and then return back to the USS Kentucky to stand watch again. The Veteran asserts that because of this unprotected exposure to this unknown chemical he has acquired asthma and a nerve disability that affects both his upper and lower extremities."

That point is important= that the sailors were not given protective gear but the civilian shipyard workers were.

"As a result of his exposure, he contracted asthma in service, was eventually medically discharged, and granted service connection for this condition. In April 1990, the Veteran was treated in service for tightness in his chest and shortness of breath while working in the shipyard. The Veteran's breathing improved only during his abstinence from the submarine. In April 1991, the Veteran was diagnosed with hyperactive airway disease and in 1992, he was diagnosed with asthma. As a result of his diagnosis of asthma, he was forced to retire early from the Navy in September 1993 and he was removed from the Temporarily Retired List in October 1995."

"After careful review of the record and resolving all doubt in the Veteran's favor, the Board concludes that the Veteran is entitled to service connection for his bilateral upper extremity neuropathy and bilateral lower extremity neuropathy."

https://www.va.gov/vetapp14/files5/1437162.txt

This is a great decision because neuropathy is often hard to get sCed unless it is due to diabetes mellitus.

In this case the veteran does have DMII but had the neuropathy prior to getting the DMII.

It is interesting how he was unable to identify the toxin and the decision shows the steps he took to try and find out what it was.

Decisions like this show that Nothing is Impossible but it often takes a a lot of leg work to succeed,

 

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