When I retired from the Navy in Aug 1970, I had my VA physical done right away for disability. I was rated 30% for an injured eye and 0% for degenerative disc desease. Recently I applied for an increase since my back has gotten worse over the years and I can no longer perform my job. I am an industrial electrician by trade.I have gotten short term disability from my work and was approved. My VA rep said I should have no problems being rated 100% IU. Now I see that I have to have one rating at 40% in order to apply. I was given 10% for my back condition which totally blew me away and I am going to appeal. I have four herniated discs in my lower back, osteoarthritis, spondylosis and bulging discs in my upper back with arthritus and spondylosis. The examining doctor at the VA hosp had to help me off the table and put my shoes on. I've had two doctors say that my back is inoperable due to the extensive damage to my verterbrae and discs. Please give some suggestions for what I should do.

Thanks

You need to have either one disability at 60% or multiple totaling 70%. You currently are far from that level based on the VA current rating.

I tell people to focus on the rating, not IU. If you get the rating, then you can get IU.

There are several issues that vets must deal with. First is proving that this is related to your military service. You have a head start with the 0% on discharge. You must prove that the increase was caused as the natural evolution of the service connected disability (nexus) and not by you career for the last 37 years. So you are probably disabled 100%, but is it service connected. My guess is that they only rated the degenerative back disease and not the others as service connected.

So you need doctors to document that this is the result of the service connected back disease and not industrial injury. If it is industrial, that is workers comp or SSDI. You need to bring to the VA good documentation of the problems and probably cause, hopefully to link it to your military service. I would file a NOD - notice of disagreement ASAP. Talk to your VA rep.

Have you applied for SSDI?

This whole thing just recently started. I have been dealing with the pain in my back for all these years and never tried to increase my disability. No reason to since my disability offset my retirement. But, never the less, I went to my doctor on the Air Force base to get my back checked out and tell him all my problems and ended up getting a quad bypass. After the quad bypass, I went back to work two months later and had a hard time doing my job due to the pain in my back. Went back to the doctor and he put me on light duty. My company would not let me work light duty due to company policy and I applied for short term disability and was approved. I went to the VA VSO to file my claim and he said I should have no problem getting IU. Big mistake not talking to other people about my case. Now I have to appeal and the whole thing will take years. I am required though for Long Term Disability to file with SSD. I see other guys, though, rated above 60% for the degenerative disc dsease alone. Wonder what was the circumstances?

Thanks,


Mike

Just about the only way to be rated higher than 40% for DDD is to be ordered by a physician bedrest for 30 or more days.
Steve

I'm not sure about the 100% IU, but I had surgery for my right shoulder and during the time the surgery took place and my recouperation time, the VA put me at 100%. My surgery took place under my work insurance and not the VA. I placed a secondary claim for my left shoulder and neck due to overuse of these body parts because my right shoulder bothers me more now than before the surgery and they denied my claim for secondary disability because I had no proof of my left shoulder and neck degeneration. I went to my primary care physician...outside of the VA and he wrote a letter to the VA with his diagnosis of my left shoulder and neck. His diagnosis had to be accepted in as evidence when viewed by the disability board and because they had conflicting evidence..that of the VA doctors and a private physician...they had to accept the worst recommendation of the bunch and approved my secondary benefits. I received all the backpay from when I first submitted my claim but it was about a 1-2 year process. Best to go to a Veterans group, such as American Legion or Disabled Vets and get there support. They fight for you and will submit any paperwork needed for this. Now to talk about VA Care...they are very slow to react..I've been dealing with kidney stones for over a year now and it is still not taken care of. Still bleeding when I pee. They put in a stent about a month ago and sent me to memphis for a lythoscopy, which didn't work, but now I get into so much pain from the stent that it causes me to get sick and pains in the lower back that is worse than the kidney stones. I am 46 years old, but move around like a 70 year old. This is over a month now and I have to wait for 2 weeks before the will do the laser surgery. VA is very slow!

Thanks Sm for your reply. I know how frustrated you must feel, but we vets are fighting a new war that is going to hurt future recruiting efforts in the long run. Look at how the Dept. of Def. is having to use reservists to fight wars that are totally unpopular and hardly any chance of winning. We elect these people without any regard to their ability to lead. I wish we could come together as one and stand up for the rights and freedoms we deserve and have fought for. Remember, Bush tried to veto concurrent receipt but the veterans of America have been relentless to stop this unjustice. I also believe that after 62 years, Code 38 needs to be revamped to truly represent the disabilities of our veterans.

My father fought in the Battle of the Bulge, was a prisoner of war, almost froze to death hiding from the Germans, when he escaped. He died in a VA hospital with roaches crawling over him and a nurse that took away his morphine. When he had survived the weekend, the doctor came in and said, Oh, you're still here?" I came unglued.
My father was rated 10% disabled for the loss of his toe due to bad circulationfrom being ganggreen.

Now it's my turn. I am going to fight this war for and with all our vets.

quote:

went to the VA VSO to file my claim and he said I should have no problem getting IU.

There is always a possibility you could have misunderstood your VSO. IU is only granted when a single disability is rated 60% (or conditions of the same etiolgy), or higher and that condition prevents gainful (or meaningful) employment. That is subject to interpretation of the rating specialist. The other IU possibility is when two or more service connected issues total 70% or more, one being at least 40% (or the same etiolgy) and the service connected disabilities prevent gainful employment.

quote:

right shoulder and during the time the surgery took place and my recouperation time, the VA put me at 100%.

When hospitalized for a service connected disability for 21 days, the veteran may apply for Paragraph 29 benefits and be paid at the rate of 100% for that period. When on convelesence leave for a service connected condition, the veterans should apply after 21 days for Paragraph 30 benefits and be paid at the 100% rate for the period.
Unfortunately these same issues come up and are answered many times. I tried earlier to have them featured, but the masses would rather start all over again rather than read the topics.

I didn't have the schedular rating to qualify for IU but, I applied for it. I was encouraged by some learned VA disability experts (not VSOs) and they said that I should file for IU. My disability rating is:

50%
10
10
Combined = 60%

The reason they told me to file for IU was:

1) I was close and I had filed NODs for all my claims including the 3 that were denied.
2) Sometimes the VA will bump-up your rating so you will qualify for IU.
3) I had filed a new claim with a reasonable chance for an award of 50%.
4) To establish my EED date for IU.
5) I was not working and still not.
6) I am working with a private MD Specialist to get a statement of unemployability due to my SCed disabilities.
7) VA Voc Rehab denied me services due to my SCed disabilities.
8) The 50% rating is for a mental disability with a good chance for a higher rating.

I filed for IU over a year ago and haven't heard a word other than IRIS finally told me recently that they are working my IU claim.

Thats my IU Story, to date. Was it a mistake to file for IU ? Comments, please ?

Hi 2929599
The first thing I would do in you case is to gather every bit of evidence as pertaining to medical records (all of them), buddy statements (people who saw how you disability affected you), this includes family members etc. Keep your DD form 214 handy as well. I would reapply for reconsideration and blast the VA with every bit of evidence; medical as well as any other that will support your claim. What you may consider to be worthless info, may be the one thing that they will take into consideration. There are cases where the criteria as per percentage is not met but the vet got IU. This is very rare but still worth a go. Gather all your documentation first send only copies as they could misplace your originals. Bon Chance.

Many disagree, but my opinion is.... if your not working because of your disability and you don't have the required schedular rating to qualify for IU, go ahead and file for IU. In the interium, get a MD Specialist to evaluate you and write a statement that you are, in fact, unemployable, and that your condition (SCed disability) is not likely to ever improve. That is the evidence that is needed.... and its needed ASAP. It needs to go to the VARO in support of your IU claim, ASAP.

Then the VARO will be faced with upgrading your original claim(s) so you qualify for IU... and then it will be a DONE DEAL.

I don't agree with you. I think that you should wait and prove that this will work before you push it with other veterans. In order to get an extra-scheduler rating, which is what you are proposing, the Asst Secretary of the VA must sign off.

From my reading of available information on this topic, in order to have extra-scheduler approved, you Rating Specialist must decide that you deserve more than the schedule would normally grant. They must take this case to their Regional Director. If they agree it must be written up and sent to the Director of Compensation and Pension Service at the Central Office in Washington. I believe that short of a court order by the CVA, you probably will not have this granted.

The person I found the information from was a Rating Specialist at a RO for 30 years. He stated that in his time he only saw two or three cases submitted for Extra Scheduler Consideration, and that NONE where approved.

I also noted that you have posted this same stuff on another board and in 2 weeks as a member there you where banned.

Hm, DaveM, you missed the point, completely. I never said one word about an extra-schedular IU rating, not one word. I would NEVER advocate an extra-schedular rating for IU.

The method that I suggest was advocated by some real VA experts (not VSOs). Not to say VSOs aren't experts, though. What its about is filing for IU now, not later, and submitting additional evidence that will convience the VARO that you are, in fact, IU. With the combination of the IU claim and the additional evidence, you have a good chance for IU. Its not the filing for IU that convences the VA, but the additional evidence. The VARO is not going to send an IU request for approval for extra-schedular IU when they have enough evidence to bumpup the original rating to qualify for IU. THATS the point.

Please read my above posts, again.

Thanks.

As far as 2929599, I am not sure what he is trying for. I was just trying to give him a pointer or two.

You missed my point. They can not give you IU unless you meet the rating unless you get an extra scheduler rating. You may not use the words, but you are using the terms.

You can only get IU if you have the required rating percent unless they grant you extra scheduler. Your only chance to get IU is to have your rating increased to the required minimum percent - 70% for multiple or 60% for a single.

There is no basis in law that I can find for a Regional Office to grant IU to someone who does not meet one of the three criteria.

I believe that the BVA or the Court could on an appeal grant such a unusual case. From what I have seen here, that could take a decade.

quote:

The VARO is not going to send an IU request for approval for extra-schedular IU when they have enough evidence to bumpup the original rating to qualify for IU. THATS the point.

What I am talking about is an increase in the original rating... to qualify for IU. You might call it getting the cart before the horse, but I don't. In my scenario, the cart and horse are side-by-side. Its a matter of strategy.... and, the timing of the the new evidence is critical.

In my case, I filed for IU and did not have the schedular requirements. I took my claim to my private MD specialist and I am working with him on a statement of unemployability. The IU claim shows my doctor that I am serious about IU. Then, he becomes serious. When he provides his professional opinion, off it will go to the VARO in support of my IU claim... all done within regulatory time limits.

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