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?

[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