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TDIU increase and other issues


Rivet62

Question

So, I'm updating my back issues with physical therapy findings. VA sees records dated 4 years ago, but things have changed for the worse.

I'm filing for TDIU but I would also like to file for other increases too just in case TDIU is denied or it takes forever.

Is that possible?

Edited by Rivet62
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On 1/19/2022 at 7:02 PM, Rivet62 said:

So, I'm updating my back issues with physical therapy findings. VA sees records dated 4 years ago, but things have changed for the worse.

I'm filing for TDIU but I would also like to file for other increases too just in case TDIU is denied or it takes forever.

Is that possible?

I know my attorney filed for increases but asked that TDIU be considered WITH those increases. For example, I had increases filed and had exams for them. However, in addition to that, the examiner had to fill out another form regarding employment with their increase exam. I would go this route.

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iF YOU FILED FOR INCREASE AND WAS AWARDED TDIU  THE DATE YOU FILED FOR THE INCREASE WOULD BE THE EFFECTIVE DATE FOR YOUR TDIU./unless  you have medical records eariler from a quilfiied Dr  rendering you unemployable due to your condition injury  from your military service ect,,ect,,

Filing for increse is actually filing for the IU  If the condition/desease/injury is bad enough to make you unemployable.  they are required to give the IU if you have all this evidence. (medical records and dates) are very important here.

EED is ( eariler effective date)

Is  when a ''quailfied  Doctor after examing you and reading your medical records   render in   his/her opinion that you are unemployable due to your service connected condition  .

or facts found.  which ever is eariler.

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As for as filing for another condition seperate from your original condition that made you Unemployable, 

you should file for that  in your increase   , because if you have TDIU and another seperate distnk condition  RATING AT 60% OR MOREthat makes you eligable for SMC S.

  IF YOU WERE ONLY SAY 70/80 90% FOR YOUR TDIU YOUR BASICLY GETTING PAID AT THE 100% RATE , SO ANOTHER SEPERATE  CONDITION RATED 60% OR MORE WOULD RENDER YOU A 100% RATING WITH SMC S   AND THATS ANOTHER 380.00 OR SO ADDED INTO YOUR 100% RATING.

I AM NOT EXACTLY SURE WHAT SMC S HOMEBOUND  PAYS A VETERAN WITH WIFE AND CHILDREN AS HIS DEPENDENTS.?

WITH THIS COLA INCREASE THIS YEAR ITS ONE OF THE BEST RAISES WE VETERAN HAD IN A LONG LONG TIME.

Edited by Buck52
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How do you qualify for SMC s?

SMC(s) is available to veterans who:

have a 100 percent rating and an additional disability rated at or combining to 60 percent or more, or.

who are substantially confined to his or her dwelling or immediate premises as a result of a service-connected disability.

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I will chime in if I may, I have a few issue more on my file because of my hiatus to the Gulf, however, Rivet62 your situation it has some similarities to mine.  One, rather more than one of your conditions is going to be rated higher to get your goal.  My IU is based on my bent brain, however, my other disabilities get me passed 90%. That in conjunction with medically retiring through OPM back in 2015 and getting on SSDI put over the hump for being unemployable due to some of my service connected disabilities being the reason for my having to retire medically. Your going to need increases in those 10% in order to get where you wanna get.  Also you can force the VA hand with having other agencies declare you unemployable. You are on SSDI right? Though they don't have to follow other agencies decisions,  it is compelling evidence of you're not being gainfully employed. One, rather more than one of your conditions is going to be rated higher to get your goal.  My IU is based on my bent brain, however, my other disabilities get me passed 90%. That in conjunction with medically retiring through OPM back in 2015 and getting on SSDI put over the hump for being unemployable due to some of my service connected disabilities.  .  I noticed that your nerve ratings for each side have a 4 year gap, was this due to not having symptoms of both consecutively or did it progress?  Did medical records not show notable symptoms of both or did it progress?  

Buck is absolutely spot on with his posts.  This is similar to how I got my SMC housebound.  

In any case what you're suggesting  can be done because other agencies will corroborate your unemployability, SSDI will be important here.  My apologies ahead of time as I haven't had my go go juice but what I have garbled down on this post should be of some help.  What's understandable that is.  I need caffeine, so sorry.

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2 hours ago, Buck52 said:

unless  you have medical records eariler from a quilfiied Dr  rendering you unemployable due to your condition injury  from your military service ect,,ect,,

I do have the records, and the records are very thorough as to dates, times, and medical opinions) and processes leading to time off in various forms, because I worked at a VAMC (federal gov't loves paperwork). Anyway, I'm hoping it plays out that way.

2 hours ago, Buck52 said:

Is  when a ''quailfied  Doctor after examing you and reading your medical records   render in   his/her opinion that you are unemployable due to your service connected condition  .

or facts found.  which ever is eariler.

I had two things going on in my employment at my local VAMC. One was manual labor that had me medically transferred to a sedentary job (very excessive time off and FMLA in that) and then sedentary position revealed mental health issues plus physical issues (I couldn't sit or stand for long) and so once again lots of paperwork and FMLA. Yes, my back has gotten worse and so that's the conditions that warrant the increase.

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