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#1 ComputerGeek46

 
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Posted 27 July 2009 - 06:40 AM

:rolleyes: I am wondering out here if any vets have encountered the same below

I recieved an increased disability rating from 10% to 60% for chronic skin conditions requiring multiple surgeries over the
years via military and at the VAMC Houston. The decision contained the clear and unmistakable error clause previously
10% for benign skin growths also 10% for deep venous thrombosis (i.e. Blood clots) was invited to apply for tdui have done
so and am awaiting a decision.

Since my reevaluation contains the correct diagnosis am wondering what to do about the scar and tissue damage all
over my body should I submit a claim for the scar and tissue damage seperate since my ratings clearly indicate that
have been on near constant anti biotics since 1996?

also what are my chances of gaining tdui? I am depressed I changed careers in 2000 as a computer programmer now
due to surgeries especially the last one my tailbone is extremely sensitive.

#2 Pete53

 
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Posted 27 July 2009 - 09:58 AM

Welcome to Hadit.

Probably need to wait for the ruling.I don't know if you can't work because of your service connection than you should get it. If you own your home in Texas be sure and get your new exemption from paying property taxes.

#3 ComputerGeek46

 
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Posted 27 July 2009 - 10:25 AM

Thanks Pete
I should have clarified more info, this is what I responded to

The issue of wether or not the veteran is entitled to individual Unemployability is deferred for the following.
Please invite the vet to file a claim for individual unemployability as the records show that he now meets the requirements and treatment
reports show that he is no longer employed

I have a slew of side effects on-going of the process of the treatments several by themselves make it difficult to maintain
steady employment not withstanding I have been laided off two seperate jobs each after treatments that took me down for
over 6 mos to a year for recovery. Each time I used my temporary disability insurance ( which is probably one reason for
being let go in the first place)

I have severe to moderate pain when attempt to sit for long periods of time (a requirement of a programmer) not withstanding
Have worked through pain and fevers since 1996. Now my heart says go work typically I make 80k plus but my body and my mind
are saying other wise have trouble sleeping and frequent bowel movement(diarrhea) every morning and throughout the day as noted
via the award for disability I got 60% for chronic Actinomycosis, 10% for the blood clots and retro pay back to 2001 so am wondering is it plausible to wait for tdui or in fact the decision or pursue to the full the missing 10% - 20% thanks in advance Pete

#4 Pete53

 
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Posted 27 July 2009 - 12:35 PM

You should pursue a TDIU claim. Fillout the forms and add a letter that explains it like you did here.

You will probably have to have a C&P or two but I think you should get it.

Good Luck

#5 Berta

 
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Posted 27 July 2009 - 01:15 PM

Are you completely unemployed now?

On the TDIU form or on separate page did you tell them how this disability prevents you from working?

Did you require lengthy convalescence due to the surgeries?

Did they send you the retro for the time the rating had been incorrect?

What is the medical etiology for the blood clots?



Was their clear and unmistakable error dependent on them as making an administrative error or did the VA doctors misdiagnose you?

They will not award TDIU if you make over the National Poverty level in wages.

#6 Berta

 
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Posted 27 July 2009 - 01:30 PM

Gee -I answered not knowing there was more info here-

You might have been eligible for temp convalescence-I am not at all sure on that yet-

You gave some excellent reasons for TDIU- On Question # 25 you can refer them to an additional page and tell them what you told us-tell them any side affects of the meds as well as anything at all that would help prove you cannot work to this condition.

On Question # 18 check off Yes and then apply for SSA (unless you get SSA already for these conditions-and if so this is evidence too that you SC has rendered you unemployable.If you do get SSA ,make sure VA knows thia and mention this again in Remarks.

Is the retro date correct in your opinion?
Was that the date of the erroneous past award?

#7 LarryJ

 
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Posted 27 July 2009 - 02:08 PM

Welcome to Hadit.

Probably need to wait for the ruling.I don't know if you can't work because of your service connection than you should get it. If you own your home in Texas be sure and get your new exemption from paying property taxes.



I agree with Pete. Wait. Then, after receiving the decision on TDIU (you will most likely receive it) THEN send in a claim for the other stuff (yes, even if you do receive TDIU, SEND IN THE OTHER CLAIM(S)).

#8 sharon

 
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Posted 27 July 2009 - 02:43 PM

Your claim for TDIU should be decided soon. Once it is decided file your other claim to include depression secondary to your chronic Actinomycosis.

#9 ComputerGeek46

 
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Posted 27 July 2009 - 03:31 PM

Your claim for TDIU should be decided soon. Once it is decided file your other claim to include depression secondary to your chronic Actinomycosis.



Thanks Pete,Larry,Berta the info you all have given helps I went to the VA for my blood ritual today that is why my
response was delayed.

Appreciate it all

#10 ComputerGeek46

 
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Posted 27 July 2009 - 03:32 PM

Your claim for TDIU should be decided soon. Once it is decided file your other claim to include depression secondary to your chronic Actinomycosis.



Sorry Sharon thanks too

#11 ComputerGeek46

 
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Posted 27 July 2009 - 03:40 PM

Are you completely unemployed now?

On the TDIU form or on separate page did you tell them how this disability prevents you from working?

Did you require lengthy convalescence due to the surgeries?

Did they send you the retro for the time the rating had been incorrect?

What is the medical etiology for the blood clots?



Was their clear and unmistakable error dependent on them as making an administrative error or did the VA doctors misdiagnose you?

They will not award TDIU if you make over the National Poverty level in wages.


Berta back in 2001 they said that I missed a C&P exam which I never recieved notification for and one big thing the time
they said I missed I was undergoing another surgery for the same claim,on the clots deep venous thrombosis upper left extremity. And no they did not pay for the convalescence just paid retro what should have been paid at 60% dating from Oct 2001 to current.

#12 john999

 
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Posted 27 July 2009 - 04:29 PM

Once you get the IU you can go to town on the VA for every benefit you can get because you will have a paycheck coming in and you can take your time. You won't be staying awake at night wondering how to pay your bills.

#13 LarryJ

 
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Posted 27 July 2009 - 05:05 PM

Well, that is unless you go ahead and buy that new Mercedes.

#14 ComputerGeek46

 
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Posted 27 July 2009 - 05:14 PM

Thanks Everyone it seems that the functionality of this site fooled me an internet programmer
:P

On the rating decision they have acknowledged all things (probably because no choice) but rated
me for none of them except the Chronic Actinomycosis and blood clots left arm and shoulder because
of the picc lines they had to use to shoot me up with massive anti biotics for six months this time.
but they do acknowledge the side effects of diarrhea, loss of mobility due to tailbone area(i.e. trouble
sitting down for lenghty periods) and fevers and chills, also that I do sweat heavily.

On the medical side of it my treating doctors feel as though they can only provide remission but that
the infections will return I may have respite of two to three years before the next bout but no guarentees.
Which is what is confusing me to the fact they have invited me to apply for tdui and then what was told
me that they wanted to verify how many days last year to current that I missed work which is strange
as the treating doctors had to fill out monthly the forms declaring me under rehab for Aetna what more do they
need?