tdiu Got The Big White Envelope From The Amc After Years!

[LarryJ]

Yup.

Got it.

Not as much as I had expected/hoped, but SERVICE CONNECTION, by golly.

I just KNEW that I hadn't been imagining all this, but that it really did happen.

20%

They talk about my "buddy statements". They talk about my X-Rays. They talk about my private doctor's opinion......they talk about a lot of stuff that they used to come up with this rating. And, even though they list as having received my Social Security Disability Determination granting me SSDI......not a word. And, even though they sent me for a C&P, and the C&P doc states that I am in constant of pain (7 over 10) and that it interferes with any activity.....not a word.

Then they say that, for me to be rated at 30%, that I should have no more than 30 - 40 degrees flexion of my ankle (plantar flexion) or 0 - 10 degrees dorsiflexion. THEIR own doc states, and I quote:

"You walk with the ankle extended at a 45 degree angle. Dorsiflexion is 0-10 with pain and plantar flexion is 0 - 30 degrees with pain...."

This is both on the same page of my decision, just a couple paragraphs apart......

Now, where I come from, maybe I didn't learn to read very well.....but?

Is this a CUE, is this a reason to at least NOD?

Should I go ahead and file for TDIU.......three doctors including one VA doctor, and the Social Security Admin. state that I can't work....all due to this injury (bone on bone, constant pain, unable to take NSAIDS (ulcers), unable to stand or walk, etc.). I've already sent in an informal claim for my knee and hip, due to the way I have of trying to get around and that is getting progressively worse, quickly, to the point of not being able to even sit for more than about 30-45 minutes.

Anyway, I am thankful for Service Connection. At least maybe now I have been affirmed in my original claim. And, maybe now I can get some kind of help.

Thanks, BTW, to HADIT and T-bird!

Oh yeah, something else. When do y'all think my retro will be direct deposited?

[Guest RickB54]

Yup.

Got it.

Not as much as I had expected/hoped, but SERVICE CONNECTION, by golly.

I just KNEW that I hadn't been imagining all this, but that it really did happen.

20%

Larry way to go!

Now.. what is your total rating? 20% , if 20% is all that you have, I doubt that you would obtain TDIU. What I suggest is that you submit a Notice of disagreement, and request a De Novo review. You will have a better chance of an increase in rating than you will obtaining TDIU. It appears some things were overlooked ie: range of motion, and what doctors stated I think you may prevail in the long run. I do not thing this is a CUE claim, because reasonable people could disagree on your ratings and range of motion. Also pain is a consideration in ratings, but it is never rated seperately. Once you get your rating increased I think you should then try for TDIU. Others will tell you to try to get TDIU now, but I think that would be putting the cart before the horse. Remember it is your claim you must decide what is your best course of action based on all the facts and educated opinions.

Best of Luck

[Pete53]

Larry:

Usually the first rating opens the door. If you are not able to work you should ask for TDIU. Be careful how you work this you don't want to lose any back pay.

From the time of the decision it is days to weeks till you get paid. I got a couple of decisions after I was paid.

[Speaking Out]

Congratulations! I know 20% wasn't what you were hoping for, but you are right that it is a start. It is nice to hear some good news. I wish you luck in getting your ratig higher and hopefully people here at Hadit will continue to give you good advice.

[kkp]

Congratulations Larry

You have your foot through the door now. That was the big battle. You will get some good advice on how to handle it from a lot of knowledgeable people here.

I would offer some advice in a couple of areas. If you have a poa,don't let him rush you. You have time to get your case in order. If I am wrong someone will correct me, But file your nod as soon as possible,and ask for 100%. Go for the whole ball of wax now. At worse you will establish a start date for back pay.

Now you have plenty of time to gather your evidence. If I understood you right, you said you got ssdi solely on this service connected injury. If so you want to get a copy of there decision. You can get it quicker than the ro will. Get imo's from every dr. you can and be sure they show a connection to your sc injury. Don't be in a hurry, you have lots of time. The important thing is to get it all together the first time. It will take several months for your nod to work its way to a dro.

I'll shut up now and let people that know what they are talking about advise you

I am just excited for you good luck. kkp

[HolliGreen]

Hey LarryJ--that's great news, I'm happy for you! Holli

[Guest jangrin]

Larryj-- Hey, way to go. Congrats to you. It's been a long time coming. I won't give any advice I think you have already gotton some really good advice from the previous posts.

You will have more work to do but being SC'd is a really big deal and a win!! :D

Good for you.

Jangrin

[Cavman]

I would NOD the decision today asking for 100% and send in the IU claim form with the letter. As said earlier, ask for a De Novo review. You can always NOD the IU claim after the next decision. Thats just my opinion.

Cavman

[kkp]

Larry j

After rereading your decision, I believe you should get an nod in immediately. and request a De NOVO review.

You say you received ssdi soley on th sc condition. It seems to me that the rater concentrated entirely on your c&p, and probably under rated it. It doesnt appear to me they even considered the other evidence. In my cover letter I would point out In line items the evidence that was not mentioned in your rating.

I think you had the evidence before the rater and he didn't' consider it. This would not get by a good dro especially if you pointed it out. I agree with cavemen, go for 100% and send in a iu form with it. You will get all kind of flax from your poa on the IU, But fill it out and send it in yourself if you have to.

I would hate to see you get caught up in this mess of asking for 20% here and 30% there, with each decision taking a couple of years, and then finally asking for IU and five years of your life gone.

That's exactly what happened to me and others on this board.

I say go for the whole ball of wax now. Hey you can always appeal anything less, But who knows, you could get lucky the first time.

kkp

[LarryJ]

Just sent in a claim.

Knee and Hip, related to SC'ed ankle.

TDIU, due to the fact(s) that the SSA said so, the VA C&P dude said so, the fact that I can't drive our old standard tranny car so, essentially, can't leave the house, can't sit, can't stand, pain is 7/10 and worse at night so no sleep, fall asleep during the day due to lack of sleep, pain medicine tears my gut up so's I pass blood (been to ER twice for transfusion, etc.), AND, for some reason, I act like an old a**hole that has HADIT!)And two orthopedic surgeons have prescribed an AFO, meaning my foot is essentially useless. Now, first of all, it ain't getting any better, I'll never be "cured". Secondly, would YOU hire me? I'm just an old HVAC repair guy (that can't walk, stand, climb ladders, carry heavy weights, or drive without falling asleep) with an ATTITUDE!

Sent it in. If they say "no", then at least I've established an "effective date".

Gonna have to set up a filing system for all my correspondence concerning this stuff.

LarryJ (NOT the Cable Guy, but the A/C dude!).

[LarryJ]

Oh, yeah. By-the-way.

Shouldn't they have inferred a claim for TDIU...if for no other reason than the fact that they had my SSA records wherein the SSA awarded SSDI totally upon what is now my SC'ed ankle problems (totally on that ankle, none of the other stuff that I just listed)?

Of course they also had my IMO's wherein the two orthopods prescribed the Ankle Foot Orthotic thing.

[john999]

Larry

My first rating was for 10% and then 30% and then 70% and then 80%. You see how it goes. The 20% you got is the lever you need to get 100% benefits.

[kkp]

Larry did you file a new claim on your knee and hip, I am assuming you did. If so I think you should file a nod on your original claim. If you do you can point out all the things the original rater did not rate. A dro could correct this right away especially if your ssdi is based solely on your sc condition. kkp

[allan]

Congratulations Larry!

When they measured the, "loss of range of motion"(ROM), did they use a device called a "genometer"? If they didn't, the ROM needs to be rechecked using this device.

You can save allot of time by submitting & explaining your evidence in person, during a local hearing at the VARO(VA Regional Office). Request using a letter to the VARO. They will notify you of when to appear.

You can call the mental health dept at the nearest VAMC you are assigned to & request an appointment to see a psychologist. A statement from a Psychologist is needed to determine how, "pain" & medications effect your ability to function in daily life & hold a job.

Submitting an IMO may help as well.

Allan

[john999]

A good IMO that explains how your disability restricts and limits your ability to function at work could go a long way to getting IU. You cannot assume the VA will put two and two together. They want medical evidence explaining that you can't work and why. A good IMO ties all the evidence together and spells it out for the VA raters in sixth grade language since these guys have no special medical or legal training.

[Josephine]

Larry,

I noticed your caption. Did you receive a decision from The Appeals Management Center? If so, how long did your claim stay with them before you received an answer.

I have been at the AMC one year the 19th of this month. I was told that my claim is in the over-flow and will perhaps be rated by the rating specialist this month.

Congratulations for your service connection.

Always,

Josephine

[LarryJ]

Larry,

I noticed your caption. Did you receive a decision from The Appeals Management Center? If so, how long did your claim stay with them before you received an answer.

I have been at the AMC one year the 19th of this month. I was told that my claim is in the over-flow and will perhaps be rated by the rating specialist this month.

Congratulations for your service connection.

Always,

Josephine

Josephine,

My claim went to the BVA in August, last.

Went to the Rating Team 16th of Feb.

Went to the Post Determination Team about March 15th.

Went to the Check Writers (tresury dept.) last week.

Amazing how fast some of these things are being handled......Thank You, Bob Woodruff and Thank you, Washington Post.

Yours, I believe, will suddenly find it is moving at "light speed", for some unknown, unacknowledged reason. Keep Smilin, you never know when you are on "Candid Camera"!

[mobie16r]

Larry

congrats on your award,sometime it take awhile,keeping on pushing and you will prevail.

mobie

[Josephine]

Josephine,

My claim went to the BVA in August, last.

Went to the Rating Team 16th of Feb.

Went to the Post Determination Team about March 15th.

Went to the Check Writers (tresury dept.) last week.

Amazing how fast some of these things are being handled......Thank You, Bob Woodruff and Thank you, Washington Post.

Yours, I believe, will suddenly find it is moving at "light speed", for some unknown, unacknowledged reason. Keep Smilin, you never know when you are on "Candid Camera"!

Larry J,

You are a "Sweetheart"! I always leave this site with a smile on my face.

Thanks so much for your "Kindness".

Always,

Josephne

[Pete53]

Once they collect the evidence pass the file to the raters the speed picks up as soon as rated. One good thing is once its signed off on the VA is pretty good about paying.

One thing to consider is if you want them to move to request that you want the VA to make a decision with what they have on hand. It cuts them off for dawdling and asking for additional reports and information.

[vaf]

My husband has claims (Board remands) at the AMC. The Board remand was dated 10/05, We were notified December '05. The remand went to the AMC instead of the VARO. My husband called the AMC on Friday, and was told the remand has been on the rater's desk since January '07. They wouldn't venture an opinion as to how much longer it would be there. One of the items was on its third Board remand since March 2001 without the VARO following the Board's directives to handle the claim, which is why, I guess, it went to the AMC the third time around. But, we're still waiting.