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

[broncovet]

It may help to understand that the courts have ruled "a claim for tdiu is a claim for increase".  

This means the VA can increase you to 100 percent combined, or grant tdiu, at their discretion.  (Of course, they can also deny both).  

Most of us are sympathetic to long waits.  I waited, without income, until I lost my home.  

THis isnt supposed to happen, but many Vets still fall through the cracks.  

Be your own advocate..nobody knows better about your health

than you.   For you, I think you should use the teenager method.  Teens, as you may know, if they want something, they ask mom.  If mom says no, ask Dad.  If mom and Dad say no, ask your teacher..then throw the teacher under the bus:  "The teacher said I had to have..."

Lastly, if your mom, dad, and teacher say no, then ask the counselor and principal. 

In other words, call someone at peggy at a different time to get a new person, go to your VA, and ask other Vets "who helped you get your rating"?

In most VA medical centers, there are Veteran friendly docs and some others that have a very negative opinion on Vets.  

If you review your medical file you will know.  Look for the nexus (at least as likely as not due to service).  Also look for an in service event.  If you have the Caluza elements, described elsewhere, you should get your benefits.  

What mostly wins VA claims is Evidence plus your persistence.  Give up and its over.  Dont give up.  

Keep trying different employees until you find one or more who will help.  

Ask them:

"Im 77 years old, and have waited for more than a year.  Will you help?  My claim seems to be stuck somewhere and I cant get it moving. "

 

 

 

 

Edited September 16, 2022 by broncovet

[capitan]

I received a letter from the VBA stating they were in contact with QTC. And that a doctor was reviewing the evidence for my TDIU claim. I called QTC and they, as well as my VSO, assured me VA has all they need, including multiple C&P exams, for a decision. Anybody know how long that could take? I was told it could be any time, and that VA has 20 days by law?

[broncovet]

Well, I have never heard of  Va Service connecting veterans for OSA with a "self admininstered" OSA test.  I had to go to the VA at night and they put me on a machine which measured "sleep apnea" events.  

My advice is to consent to a sleep study if you want OSA SC'd.  Its been my experience that OSA is one of the most difficult ratings to get for several reasons:

1.  It can be required the doctor state your cpap is "medically necessary".  Gee, puleeze.  Is a doctor gonna prescribe a cpap when its not needed?  I can hear it now.  "Im prescribing  cpap not because you need it, but because I get a kickback from the company which makes them."  

2.  There are people in VA that think 50 percent is "too high" for using a cpap, and lots of rumors that it will be cut, eliminated/reduced, etc.  

3.  Va squanders loads of taxpayer money, sometimes on parties, and lots of people dont like that.  To respond, VA does things like reducing benefits.  Our library does the same thing.  Whenever library budget is cut, they want us to feel the pain by reducing library hours, instead of maybe ordering fewer new books.  

 

[capitan]

I was told a home sleep apnea study is as legitimate as the in person one. It is for vets who can't travel. I am hoping I don't have OSA. I believe my other service connected conditions are enough to get me TDIU.

[pacmanx1]

24 minutes ago, capitan said:

I was told a home sleep apnea study is as legitimate as the in person one. It is for vets who can't travel. I am hoping I don't have OSA. I believe my other service connected conditions are enough to get me TDIU.

My PCP referred me to the sleep lab/clinic, and I had two separate overnight sleep studies that were inadequate because I could not sleep long enough for the test/study. The technician said I was groaning, tossing, and turning when I slept like I was in pain. I was finally given two separate sleep apnea home kits where I had to do my own test (over a three-night period) and then send the monitors back to the company and then have a sleep evaluation appointment where I was diagnosed with sleep apnea. I have both sleep apnea and insomnia, so it worked out fine for me when the VA granted my sleep apnea service connected.

 

[capitan]

Did they give you 50% and require you use a CPAP machine? They gave me 30% for "persistant daytime hypersomnolence".