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