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

[john999]

Cloud

Did you lose the 30% pension when you got your VA compensation? The disability pension is different than the 20 year pension regarding concurrent receipt I think. Don't you have to choose one or the other?

[Pete53]

Jan:

All you need is a letter from a Doc to get the major Texas Property Tax Break. If you have any questions I can help.

Pete

[cloudcroft]

Yes, I did "lose" it because you can't have both that and VA, but it wasn't a "pension" per se. It was called "disability retirement pay" back then (we're talking the late 1970s).

So I went tih 30% VA which paid more than the 30% from the military. I think just about everyone would go that way.

-- John D.

Cloud

Did you lose the 30% pension when you got your VA compensation? The disability pension is different than the 20 year pension regarding concurrent receipt I think. Don't you have to choose one or the other?

Edited April 30, 2007 by cloudcroft

[Cherie33]

Ok...I have a question...I was just recently awarded 30% for IBS, which brought my combined rating to 70%. I want to file for TDIU, however I am not sure of how to fill out the form. I haven't worked in a little more than 4 years, however I went to school through Voca Rehab. I had to stop school because of my disabilities. I am also not sure what date TDIU started. They awarded back pay from Feb. 06. when I was awarded 30%. Can someone give me some advice on this?

Thanks,

Cherie33

[Guest jangrin]

Ok...I have a question...I was just recently awarded 30% for IBS, which brought my combined rating to 70%. I want to file for TDIU, however I am not sure of how to fill out the form. I haven't worked in a little more than 4 years, however I went to school through Voca Rehab. I had to stop school because of my disabilities. I am also not sure what date TDIU started. They awarded back pay from Feb. 06. when I was awarded 30%. Can someone give me some advice on this?

Thanks,

Cherie33

Cherie33,

I am bringing this post back up to the top, as I think your question got buried in yesterdays posts. I am sure their will be some people that have some advise to share with you.

Scroll down to the claims benefits research question by JERRY O- there on that topic you will find the link for the TDIU form and more information about TDIU. The topic title is; IS ANY DISABILITY AUTOMATIC SC RATING?

My take is,if you feel you are unable to work and especially if you are not currently working and if you were unable to complete re-hab, you should file for TDIU. TDIU is for people who's disabilities may not be 100% disabling, but the disability keeps the Veteran from obtaining employment. So a single disability rated at 60% or a combined rating of multiple disabilities rated at 70% (one of the combined must be at least 40% ) also qualifies for TDIU.

TDIU should award back to the time you met the percentage requirement and were unable to work. That could be when you got the 70% award, even though you were going to re-hab. Since you were unable to complete the re-hab I would think that is evidense in your favor.

You need to get the TDIU form and send it right away to establish a claim date, then work on gathering evidense to get an earlier effective date. You'll need to read the regulations for TDIU and download the form off the Hadit website.Berta gives directions on how to fill it out.

Also file for SSDI if you have not done so yet. If you have the quarters in to qualify for the SSDI. If you qualify for SSD you might benefit by hiring an attorney to help you with the SS portion of your total disability.

I hope this helps some

jangrin

Edited May 2, 2007 by jangrin

[jbasser]

Go ahead and fill out the form for IU. They will go back to wither to the date entitlement arose of the filing date whichever is later. You need a medical opinion that your service connected disabilities keep you from working. The VA may give you a C@P exam just for that purpose but it is better to get an opinion from your doctor.

You can print the exam sheet off of this website or the VA website.

As for SSD, go ahead and file. Once you file you most likely will be denied. Nothing personal but 60 percent of all claims are denied. Appeal the first denial and if they deny it again, It is time to get an attorney. The Attorney will appeal to an ALJ. Most SSD cases are won at that level.

Remember there is a huge difference between the VA and SSD. The VA definition of disability vs SSD's definition. It states a person must not be able to do any work at all or the illness or disease is expected to result in death.

Social Security is also allowed to discriminate because of age. A person closer to retirement will get SSD before someone in their forties.