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Interesting scenario - Claim in for TDIU but seems like about to get 100% Schedular

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Foxhound6

Question

So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular.

The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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Just now, brokensoldier244th said:

I hear you. I was a vet filing claims for 18 yrs before I started working for them, so ive seen both sides. It makes me better at my job, I think. 

Perspective almost ALWAYS makes one better at a job. Keep it up sir. Your insight is invaluable 

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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  • HadIt.com Elder

You know I got SSDI before I got TDIU, so there was no way I could work any how.  I wanted to work but with my disabilities I just could not do it.  I was only 51 years old and I had a good job.  Now years later I am so disabled I can hardly walk.  I did get the 100% but it took me an extra big award to go from 90% to 100%.  I was not even trying but just trying to get an increase in my DMII and PN.  I got an extra 80% for the PN.

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1 hour ago, john999 said:

You know I got SSDI before I got TDIU, so there was no way I could work any how.  I wanted to work but with my disabilities I just could not do it.  I was only 51 years old and I had a good job.  Now years later I am so disabled I can hardly walk.  I did get the 100% but it took me an extra big award to go from 90% to 100%.  I was not even trying but just trying to get an increase in my DMII and PN.  I got an extra 80% for the PN.

Crap, I don't even want to know what that feels like, Im at like 20 in each leg/foot due to 2 fragmented discs and there are days I can't feel my toes from the midfoot forward. Makes taking steps fun, especially since I work in the basement. Ive had 3 good falls in the last 6 yrs, 1 resulted in a broken wrist and surgery. Restless leg and sleep are bad enough at 20. 

 

Yeah, VA math seems weird, but its similar to what loss actuaries use, calculating from whats 'left' after the loss, rather than just adding. That last 10-20 percent really sucks. 

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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On 7/9/2021 at 1:35 PM, john999 said:

You know I got SSDI before I got TDIU, so there was no way I could work any how.  I wanted to work but with my disabilities I just could not do it.  I was only 51 years old and I had a good job.  Now years later I am so disabled I can hardly walk.  I did get the 100% but it took me an extra big award to go from 90% to 100%.  I was not even trying but just trying to get an increase in my DMII and PN.  I got an extra 80% for the PN.

I think its mental mostly. I couldn't fathom not working, even with how bad I felt and how much I struggled. I just felt " well gotta work harder then" (Also the sole provider for family). Wasnt until I lost job around covid time (boss and owner was pretty accommodating with my SC issues while I was employed there, even submitted the employer info form the VA sends out for TDIU claims) and I actually stopped working and felt everything catching up, I slept a LOT the first 2 months. It was very strange. I figured im not working so might as well get into the docs and start getting things handled. Docs started finding crap I never even knew about haha. So, here I am, trying to get all the SSDI and VA hoopla done..

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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On 7/9/2021 at 2:46 PM, brokensoldier244th said:

Crap, I don't even want to know what that feels like, Im at like 20 in each leg/foot due to 2 fragmented discs and there are days I can't feel my toes from the midfoot forward. Makes taking steps fun, especially since I work in the basement. Ive had 3 good falls in the last 6 yrs, 1 resulted in a broken wrist and surgery. Restless leg and sleep are bad enough at 20. 

 

Yeah, VA math seems weird, but its similar to what loss actuaries use, calculating from whats 'left' after the loss, rather than just adding. That last 10-20 percent really sucks. 

😂 I don't mean to laugh, I just have some familiarity with this type of issue. My rickety knees and combined with my twisted back problems makes for going up or down stairs fun, sometimes randomly just catches up. I'm still only 34, my mind thinks its still play time I guess.

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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  • HadIt.com Elder

You know I got fired from my job and had to hire a lawyer to get my pension etc.  It was hell for about six months before I got worker's compensation and then SSDI and eventually TDIU.  I had to give up the worker's compensation which at the time payed more than TDIU.  However, with worker's compensation they never give up trying to get you back to work no matter what condition you are in.  I really felt I was being thrown to the wolves.

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