hypertension Award Specifics..should Tdiu Been Awarded Sooner?

[Guest jangrin]

We have discussed this together and have decided that we should share the entire award with the Hadit Fambly. Because there were many many issues on this claim we feel we should limit the topics to one at a time. We will need your advise but we will need to stay organized so we can continue to work this claim.

We feel that there will be changes coming in benefits over the next few years, and although the award is 100% TDIU- the disability percentage is not. Sooo with this in mind we will be continuing to work the claims for increases in the ratings.

We hope we can all learn from this as it certainly covers alot of stuff on one claim. SUGGESTION is to start with the TDIU and effective date topic. We think TDIU should have been awarded sooner. What do you all think?

The result of the decision was as follows: TDIU 100% effective August 2006.

Your overall rating is 60% from Feb 06 with entitlement to the 100% rate based on IU from AUG 06. We do not add the individual percentages of each condition to determine your rating. We used a combined rating table that consider the effect from the most serious to the least serious condtions.

Coronary Artery Disease- 30% Feb 06

DMII- 20% Feb 06

PN left foot 10% Feb 06

PN right foot 10% Feb 06

Hypertension 0% Feb 06

ED 0% Feb 06

TDIU granted (60%)effective- AUG06

Please keep in mind there was no change in rating or any added disabilities to the award between FEB and AUG. The only thing that was new was the TDIU claim form that Berta told us to mail (thanks Berta) for TDIU in August.

Denied-

hyperlipidemia

bilateral hearing loss

tinnitis

PTSD

Claimed but not addressed by the VA in the award letter:

Gastrointestinal problems

Depression

cataracts

Edited April 28, 2007 by jangrin

[Guest terrysturgis]

Jangrin, I appreciate the decision info as it should help others to see the actual results of a claims decision.

I received my 100% P&T decision April 14 2006. The TDIU was awarded April 30, 2004. The decision says that was the date I met schedular requirements for this benifit.

If I am remembering correctly, this is the first decision you have been issued. In my case I was at the 30% initial decision and filed for an increase on or about April 2004. I think most of your percentages are lowballed. Does the decision say TDIU 100% P&T or just TDIU 100%?

Others might suggest if or not you need to keep trying for higher schedular ratings. I am at 94.5% schedular awarded TDIU P&T.

Take care. Terry Sturgis

[Guest jangrin]

Hi Terry,

Yes, It is TDIU 100% T&P (Chapter 35 Benefits). I too think it was lowballed and I have alot of thoughts on that but, I think it was partly lowballed because they did not have on-going medical information, there was a lapse in care as Chuckles was "waiting" for an appointment after we had to move. So to be fair I think it is a combination of alot of things. I also think the rater was somewhat inexperienced too as she made some obvious mistakes even our son spoted when reading the award.

Jangrin

[Pete53]

Jan and Chuckles:

Something else to consider in my opinion. First of all this has been a long and trying experience for you both. The denial of PTSD reeks to me but since they left depression open you might want to see what they rule on that.

You have plenty of time to absorb the award and if you intend to appeal I recommend that you take a short vacation from the claim and than proceed full steam ahead.

Looking from the outside there are two major issues besides the effective date. The primary one is that you be protected should something happen to our buddy Chuckles and that all conditions that could be a problem are covered. As it stands it is hard to get 100% much less get more money from the VA.

Sign up for ChampVA and if your son is in School sign him up also. Get your ID's cards. I have been eligible for Texas Disabled Plates and just sent off for them after 11 years. You can call the VA and they will send the paperwork for them and than you send proof on Insurance 3 bucks and you will get the plates in the mail.

I am glad that you and Chuckles are working as a team.

Good Luck

[Berta]

Jangrin- they used the date of TDIU app receipt as the EED-and this can be challenged with a NOD and medical evidence of TDIU from Feb to August showing that the TDIU began before filing the claim or in February.Sometimes a whole can be obtained prior to the formal TDIU filing date.

This is why I tell vets to file for TDIU YESTERDAY- my way of letting them know that the EED might be the date the VA gets the app- and not the date that the actual medical evidence warranted TDIU.

It pays to question the EED most times on TDIU awards.

In Rods case- the VA awarded 100% SC back to the last day he worked.

This was the date the SSA considered as the date that his PTSD rendered him unemployable.

It was at least a year (the SSA award)before he filed a claim for higher rating. I dont even remember when he filed for TDIU.But at least a year after the SSA date.The award was three years accrued SC at 100%.

SSA dates of total disability-if for same disability as the VA claim is- can help considerably in getting proper TDIU EEDs.

Did they defer decisions on anything?

I am shocked that they didnt address this- cataracts-

as well as the other conditions-

I would NOD anything they forgot-

You are right- while this TDIU decision in VA's way of thinking 100% TDIU can render other claims as moot-

the reality is that the VA has no crystal ball to tell whether these could eventually raise up to consideration under any SMC levels-

and/or cause or contribute to --in time- the veteran's death----

Lets say your husband ultimately has CAD rated independently at 100% -I hope not but this is reality-

and then had additional rating- lets say for the PTSD at 70%-

That equals SMC-

[Guest jangrin]

Since there was no change in condition and this wqas the first claim, I think TDIU should have been awarded from the same date as the SSDI award or at least from the original date of the initial claim. SSDI 12/1/05 -VA CLaim date FEB 06.

Should this be a reconsideration or a notice of disagreement? Would it be a medical opinion we need to determine EED? Or just a statement of why we disagree about the date on the TDIU award or both. Also no deferals on anything left stuff out totally but no deferals.

Berta, if we had not filed for the TDIU as you stated we would have lost close to 20,000 in retro. As it is I think we lost about 9,000 by waiting because our first SO in california told us we couldn't file for TDIU. We ignored them and sent it in to the VA and sent the SO a copy anyway. Thank you Berta, it was the right thing to do.

Pete, we are doing OK. I started a new job about 4 months ago and I can't take any time off right now. But, we are thinking about taking advantage of the educational benefits and I may return to school to finish my degree. SO right now it is all about options. By the way, last night was the first night I sleep through the entire night in 2 years.

Things are good. Thanks for watching out for us. We appreciate it.

Jangrin

Edited April 28, 2007 by jangrin

[cloudcroft]

"We have discussed this together and have decided that we should share the entire award with the Hadit Fambly."

Am I the only one who thought that each of us would be getting a check in the mail from jangrin?

-- John D.

Edited April 28, 2007 by cloudcroft