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I Spoke To My Dav Rep Today

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Cherie33

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Hi All,

I spoke with DAV representative today and he told me that the VA Appeals process awarded me an increase from 10% IBS to 30% IBS.

I told him that I haven't worked in almost 4 years and I have unable to work because of my service connected disabilities. He suggested that I file for TDIU (which a few of you suggested it too) However, I'm not sure of where to start.

Do you all think that I could actually be granted TDIU? I was going to school through the Vocah Rehab program, but my disabilities aggarvated me so bad until I had to quit. My Vocah Rehab counseler mentioned Independent Living Services. Need some guidance here. Before I file for TDIU I want to make sure that I have all evidence needed. What should I submit with it?

Thanks,

Cherie33

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  • HadIt.com Elder

This is very tricky if you want to protect your effective date. I think that you should Appeal file a NOD with a Form 9 and submit evidence of unemployability.

The VA can go extra scheduler but I realize that IBS could keep you from being able to work in a full time job.

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

You probably need some evidence for the IBS that fits with what a 70% disability would look like. With that evidence you can also file the IU form. What does a 70% disability for IBS require in the way of symtoms? I think you need more medical evidence to show the VA that your IBS is so severe that you can't work.

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You currently don't meet the requirments for IU. You have to have a combined rating of 70%. You can sometimes meet the critera for 60%, but one SC condition has to be at least 40% and meet the following critera:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

If I.B.S. is your only SC disability, I highly dought, I mean it's next to impossible that you'll be granted IU.

Hey oneshot,

I have 2 disabilities....50% Major Depressive Disorder with Psychotic Features and 30% IBS....

Cherie33

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You probably need some evidence for the IBS that fits with what a 70% disability would look like. With that evidence you can also file the IU form. What does a 70% disability for IBS require in the way of symtoms? I think you need more medical evidence to show the VA that your IBS is so severe that you can't work.

OK, I didn't make myself clear...I have 2 disabilities:

50% Major Depressive Disorder with Psychotic Features

30% IBS (Irritable Bowel Syndrome) (Newly rated) Now, do you think that I should file TDIU...I already have statements from my Primary Care Dr. and my Psych Dr. stating I cannot work because of my service connected disabilities. What other evidence would I need? to build a strong case?

NOTE: 30% is the highest rate one can receive for IBS.

Cherie33

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      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
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      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

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          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

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      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

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