SHOULD I FILE FOR IU?
I'M RATED 70% SC
NEUROPATHY UPPER LEFT 10%
NEUROPATHY UPPER RIGHT 10%
NEUROPATHY LOWER RIGHT 10%
NEUROPATHY LOWER LEFT 10%
LUBAR SPONDULISIS 0%
I ALSO BEEN GRANTED SSD FOR PTSD.
NOT SURE WHAT THIS MEANS, BUT IT IS IN MY "C" FILE
AXIS 1: MDD,RECURRENT, MILD, PTSD
AXIS 2: DEFER
AXIS 3: DIABETES, NEUROPATHY
AXIS 4:UNABLE TO WORK, MEDICAL PROBLEMS*******
AXIS 5: 60
THANKS FOR ANY ADVICE.
You do not qualify for IU based on the percentages. Look at are FAQs on the subject.
I HAVE READ IN THE DEPERTMENT OF VETERAN AFFAIRS. I MIGHT BE CONSIDERED IU UNDER SPECIAL CONSIDERATION:
"EXTRA SCHEDULER BASIS"
(IF YOU DON'T MEET THE % REQUIREMENTS)
AND DOES MY AXIS 4: UNABLE TO WORK, MEDICAL REASONS HELP ANY.
We had a VA rating officer a while back on this board and said in all his years at the RO, he never saw a single Extra-scheduler rating. It requires the approval of the asst Secretary for Benefits and every manager in between.
Unable to work hurts you if the medical condition is not a rated service connected disability. If it is rated, then you need to apply for an increase. The VA is not allowed to take into account any non-service connected issues when considering IU.
ARE SAYING TO FILE FOR IU IF THEY ARE SC??
THEY ARE SC.
Then you first need to get them increased if they are worse than rated. The issue is that Axis IV really does not count according to the DSM for PTSD. It is unrelated conditions to your PTSD that prevent you7 from working.
You need to work with a VSO to determine if you have a basis for an increase.
Dave is correct as always you do not meet scheduler. If you believed you conditions have gotten worse. You can apply for IU due to all SC conditions. The VA is required to schedule you for a Gen med exam for all your SC condition which in turn will evaluate each condition for current level. The evaluation will determine if the conditions have gotten better, worse or remain the same. The requirement for the Gen Med ecam to evaluate all condition is IAW Training letter 10-07. This mean you do not have to ask for an increase on each individual condition. Now if you do list SC condition then the VA will only order the Gen Med for the condition you list.
When you send in you VA Form 21-8940 in block 6 indicate All Service connected conditions.
We have so many posts and far to many topics on the same subjects. I just did a search on IU and there are 14 pages of posts on this one subject that being being IU.
We try to give the same information each time, but it is like inventing the wheel everytime the issue comes up.
What I suggest is you review with your VSO your current VA progress notes to determine your request for increase. You should also review the separate 10's for common etiology. If the service connected conditions have a common etiology that can be considered as one condition for rating purposes. Yes, consider an increase, if your overall condition is leaning toward unemployability. VA may be seeing something you are not.
Example: diabetes mellitus type 2,(adult onset) with peripheral neuropathy upper and lower extremities. Although rated separate for percentages, they are considered the same etiology and if the total is at least 60% and those conditions prevent employment IU can be granted.
I will cast no stones. Proud member of the RD-DV!
Military.com is the original home of the Derelict Veterans Group,
RD-DV, established December 31, 2008
Looked over your list, didn't see tinnitus listed? 'Ringing in the ears'/tinnitus was nearly always a complaint of troops who had been exposed to very long prolonged loud noises from motor pools to combat to training @ places like NTC. If you have then list and if granted the current rating is 10% s/c (that's for 1 or both ears). Mine kicked-in @15 yrs active, made it to 20 popping aspirins & it still kicks in 15 years post-retirement after a loud 'bang' (car back-fires) lasts hours and debilitates my ability to function/concentrate @ 100% without a killer head-ache and 'high-pitched sound' in (L) ear like a teacher's nails being dragged over a chalk-board, YIKES ? on retroactive, doubt it to date of onset, hope it's listed in your active duty med-recs. Hope that jogs your memory. I'm no VSO so if anyone wants part of this, run with it.
THIS WAS THE FIRST CLAIM I MADE YEARS AGO AN WAS DENIED. MY VSO GAVE NO ADVICE ABOUT FILING ANOTHER CLAIM THAT I DISAGREEED WITH THERE DECISION. SO I GUESS IT,S TOO LATE TO FILE AGAIN NOW? THANKS, ED
I have several claims pending. Plan to file for increase in compensation after i get a response from these claims.
Would it be to my advantage to file and informal claim now.
Not sure what an informal claim does???
Was 60% for one condition? Plan to file soon. Waiting on some pending claims first.
I have 100%. Being paid for 70%.
Happy to hear your good news!!!! Ed
After taking a closer look you can qualify. have your VSO verfiy this with you. You qualify under 38 CFR 4.16a (2) if your Neuropathy is due/related to your diabetes. This qualify as disabilities resulting from common etiology. the Diabetes at 20% and the neuropathy's 10s together will qualify as one condition under 4.16a(2) at 40% (I did not use the calculator but I know it is at least 40%).
This is not consider Special scheduler that falls under 4.16b
I am SC for the following: 40% DDD lumbar spine; 20% Lt shoulder; 10% Rt shoulder; 10% left leg radiculopathy.
Requested an increase in DDD due to the 18 weeks of missed work (physician prescribed) for the past 12 months. Two months after I requested the increase I was sent a letter notifying me of an additional claim for Individual Unemployability and that I would be scheduled a C&P exam.
Here is the C&P examiner’s statement as stated in the summary:
Degenerative disc disease lumbar spine with bilateral extremity radiculopathy.
Effects bending, lifting, prolonged standing, prolonged sitting, prolonged walking, running.
Bilateral shoulder bursitis with radial nerve neuropathy.
Effects lifting, holding, carrying, and grasping.
He then stated the following opinion:
The service connected arthralgia of both shoulders and the lumbar spine with associated radiculopathy precludes working any physical work requiring repetitive bending and lifting, repetitive reaching, prolonged standing, prolonged walking or running and any repetitive lifting overhead. He may be able to work a sedentary job involving minimal activities as long as he is able to walk and stretch periodically.
The Veteran will have pain associated with the above mentioned activities. He also may drop items or he may stumble and fall while working. He is a liability to himself and his employer when involved with physical activities. –end-
I thought some of his statement contradicted what is in the exam. For instance, the 40% is based on limited range of motion which severely limits any type of stretching. Additionally, my medical records show pain and numbness in legs and groin from sitting and walking.
What do you think? Anyone?
I disagree with your reading. He has written a report that says you can only work sedentary jobs and even then will probably have pain. You have a pretty good chance at 100% IU.
Thanks Dave. As I have already been waiting a year for the decision on both claims, I will remain pessimistically optimistic.
MY DISABILITIES ADD UP TO 100 % SC
I'M BEING PAID FOR 70 %
WHICH % WILL BE USED ON IU CLAIM?
ALSO MY MEDICATIONS PREVENT ME FROM DRIVING. WILL THIS HELP?
The 100% is meaningless as that is not how the VA determines things. It is the combined rating. Now with the 70%, you still need one at 40% or more.
The driving does not prevent you from working. There are still alternate transportation options, so that probably will not make a difference.
You need evidence that your SCed problems are worse than initially evaluated. What criteria is used to rate the conditions higher than now? You'll need "new evidence" to submit for your claim increase.
I used a private doctor's evaluation and it worked, in writing. But, I had private health insurance to pay for it.
|Powered by Social Strata|