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

[Pete53]

Going to school is not working.

By the way so many here talk about TDIU but there is more than one way to get 100%. Yes some of us get it bt schedule. My point is don't rule it out as what difference is it how you get paid at 100%?

Cherrie if you have not been able to work for 4 years and could not complete Voc Rehab you have a great claim for 100% in some form or another. Good Luck

[tssnave]

Jangrin,

You state that Berta gives directions on how to fill it (TDIU Form)out but I was unable to find the directions anywhere. Could you please post a link to where on the site these instructions are?

The form is very confusing to fill out if you haven't worked in several years as well as confusing depending on the date you are claiming as not being able to work.

Thanks,

ts

[Guest jangrin]

tssnave,

The form is fairly standard except a couple of questions.

This is part of a post by Berta,

"under Remarks # 25 he can refer them to additional page and he should list all of his meds and their side affects as well as a clear statement that each of these disabilities he claims are from his medical condition and I would list them all again-

If you are also applying for SSD you should:

Also check off yes for the # 18 question-since he is applying for SSA benefits.

She also says that if you are applying for SSD:

More than likely the SSA award will come first- then that can be used as evidence with VA for TDIU-

dont depend on the VA to get your SSA files- better to do that your self -unless they are quite extensive (they get a lot of info) but the award letter and the SSA disabiliy determination statement can help the TDIU claim.

There is always possibility that the VA would find anything you send in that is current medical info is enough to award the claim-if the VA award comes first, this is good evidence for the SSA claim if that is still pending.

If you have specific questions on the form just start a topic for TDIU form and then say, "need help with question number 5 or question#9." Everyone will help you out on the form. BUT don't wait you want the earliest effective date (EED) you can get. Getting that form in to the VA is really important for retro amount later.

Jangrin

Edited May 4, 2007 by jangrin

[tssnave]

Jangrin,

Thanks for the good advice. When I'm ready to fill out the form and have it and the regulation in front of me I will post my questions.

I am hoping that the VA will give me the EED of the date of my initial claim since I told the C&P examiner during my initial C&P exam that I was unable to work due to my disability. How this showed up on the decision letter was your disability has "impaired your ability to maintain employment" - not exactly what I said however, I think it is enough to argue that the IU claim was reasonably raised during the C&P exam and since I'm sending in a IMO to cover the sole reason they cite for not rating me higher, as I understand what I've read here and in the regs, provided they bump me up to 70% they can evaluate my 100% IU and if awarded, back date it to the date of my original claim.

Thanks,

ts

[Guest jangrin]

tssnave,

If you have been unable to work since you filed your original claim, and in deed have not worked you should be eligible for TDIU. If you have your IMO already or if your current doctor is willing to say you are unable to work I would attach thier statement/report to your TDIU application when you send it in to the VARO. (remember to send everything certified return reciept and always send copies not your originals).Don't wait too long before you send it in.Go after it.

We just recieved my husbands award for TDIU. This was awarded with his initial rating decision. They did not award his TDIU retro back to the original claim they awarded to the date the TDIU form was recieved at the VARO. It was six months after he filed his original claim before we knew to send in the TDIU form. We will be asking for a reconsideration on the award date for TDIU back to the same date that the SSA considered my husband totally disabled or at least back to when he filed the original claim.

Edited May 4, 2007 by jangrin