TDIU question

[capitan]

I have a TDIU claim active. 11 months ago I received a VA letter saying part of the claim is deferred. Then another letter saying they are working on my claim. I don't think they got the memo Leave No Man Behind. Does anybody know how long I will have to wait? Or if there is anyway to check and see what gives?  I am 77 with some medical issues. USMC combat Vietnam vet.

Edited July 1, 2022 by capitan

[capitan]

I finally went to a C&P exam. I called the VA and they said it's the last one before they make a decision. The exam was for sleep apnea. I answered the questions on the QTC form, and the questions the examiner had. It seemed to go well. I have been granted 30% for persistent day-time hypersomnolence. Come next week they are going to send me a home sleep study for Apnea. I don't think I have it, but looks like they want to check. They told me it could be a short wait after that to know their decision on my TDIU claim.

[john999]

You won't know if you have OSA until you do that test.  I have it bad and did not know until I did a sleep study.  I have the Inspire device in my chest and throat instead of a cpap.  

[capitan]

Was that device a good choice for you John? I don't know what a cpap is. Hope I don't have OSA. Did you do the home sleep study? can you give me any tips? like what do you do if you need to get up and pee...take it off or not? etc...

[john999]

The Inspire worked ok for me, but it requires surgery.  The VA does it.   Cpap is the mask you see people wear who have OSA.  It is really a pump to shove air into your throat to keep your airways open.  Yeah, just take it off if you must and put it back on to sleep.  I don't remember using the home study.  I don't think the home study is enough to get a really good picture of OSA.  If you have decent insurance they will pay if you get a DX.  The VA is cheap and takes the cheap way out on vets.  They will try to sell the cpap if you have OSA.  I just could not tolerate it.

[capitan]

The VA is already paying me 30% for what they call analogous to sleep apnea. Persistant daytime hyper somnolence. I have completed a half dozen C&P exams for other problems for my TDIU claim. The sleep study is the last thing before they say they will make a decision. I have things that should give me 100% without sleep apnea so I hope I don't have it. I still wear a mask in the day. Don't think I could handle one at night too. I don't think I have a breathing problem. And I'm underweight. Maybe my sleep study will look good and I don't have OSA.

[broncovet]

Your VSO should go over your file with you.  THIS is what you need for TDIU:

"Your doctor(s) need to state that its at least as likely as not that your (Service connected) condition(s) make you unable to maintain substantial gainful employment.  

Check to see if their is a similar statment in your file.  If there IS, then contact the white house hotline again, and tell them same, as well as the date of medical exams.  

If there is not ssuch a statement, you are gonna need one.  You can hire a private doctor if VA wont give it to you.  

"Evidence" wins claims.  

VA delayed, delayed and delayed some more TDIU on my claim..for years.  They finally awarded 100 percent but not tdiu, saying that tdiu was moot.  

I appealed, and got tdiu, alleging it was not moot because it could result in an earlier effective date, and smc S.  I won the appeal, eventually.  

That Nehmer business is just hogwash, because the two issues you sought for tdiu dont have anything to do with nehmer.  

Often your claim gets set on a desk collecting dust.  You got to get it out of that pile!

So, in this order try these:

1.  Do an IRIS inquiry as to the status of your tdiu claim more than 400 days ago.  

2.  Call the 1 800 number and get them on it too.  

3.  Call the white house hotline again, disputing the lame excuse about nehmer.  

       You see, the above is to try to get your claim in the hands of a Veteran friendly VA employee.  You dont know which employees "give a rip" about you, so try several methods, hopefully till you find a Vet friendly employee.  Some do, many dont.  

       Its what I call the teenager method:  The teen asks mom.  Mom says no.  Then he asks Dad.  Dad says no.  So, he asks his teacher, who says, yes.  So, he tells Mom and DAd, "the teacher" thinks you should allow this.  Its that way with VA, you keep persisisting until you find a sympathetic employee.