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?

[Pete53]

Vicki:

This is my opinion but here are the facts as I see them. The AMC is actually a hybred VARO or maybe an upper level that works more or less like your VARO. It looks like it was a good diea as the BVA wanted to spped up stuff and get a decision on claims that they were going to remand. The BVA actually wanted to finish the work on claims themselves but a Court ruling said that they could not thuse the AMC was born a few years ago.

From your claim and others it sounds like the AMC is not getting the job done either.

A Writ of Mandamus is a Court Order telling a Government Agency to do their job and stop the delays. Most people who have used a Writ have usually gotten good results that I know of several here on Hadit.

Tbird used to have info on the Writs on the HomePage but it has changed and I don't know where it is now.

Pete

[conrad]

Pete, I,ve been away a long time but thought I'd find the Writ of Mandamus form for you and Vickie.

It is located here:

http://www.hadit.com/library/mandamus/mandamusexample001.htm

[Pete53]

Conrad:

So nice to see you post. Thanks for the link. You have always been most helpful and you have been missed.

Pete