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    • YIPPEE!!!!!!! This sounds like maybe you used my favorite tactic--GCY VA- "Go CUE Yourself VA." He he. If a decision contains a legal error to a claimant's detriment, it can be much faster ( in some cases) to ask them to CUE their decision because otherwise the error stands until maybe it is resolved with a NOD, DRO , etc etc etc.... If they do not react favorably however on this type of request or Reconsideration Request, and the NOD date looms close, it is still  imperative to file the NOD. My SMC CUE retro took 9 years...but my last GCY Cue took mere weeks (maybe just days--because -I raised a ruckus with the Director of my RO on that one because it again involved probative evidence that they completely ignored and the posthumous so called C & P was prepared by ,in my opinion, someone with NO medical background at all. I believe VA makes many errors in retros and certainly in violating 38 CFR 4.1 et al ( to include the great 4.6 part). If VA can use CUE  against us, -which they try to do to reduce vets sometimes,then we can use the same regulation against them, if their legal error has cost us cash. THIS IS GREAT NEWS Gastone and I want to thank you for all of the outstanding advice you give vets here. You have helped Many and my Thank You is long overdue to you! Enjoy this  Victory!
    • I think were all special Hamslice  
    • NOD- Notice of Disagreement.The DAV sounds very supportive of this. Still ,if the VA does not favorably resolve this and the NOD one year deadline looms close, you must file a NOD at that point. You have good evidence and fortunately the "knee pain" diagnosis was changed to bursitis. They still need to give you a C & P exam,unless maybe the ortho doc's opinion was recent and thorough enough to cover how they could rate this.??? That is concerning. But ebenefits is not always a reliable source to track this stuff.
    • Funny thing is...when I went to my appointment yesterday  the clinic was like a empty clinic  not very many veterans was even in there , this was 1:40 pm most of the examining rooms were empty. and a lot of the clerks, CNA's, Dr's /Nurses were getting off duty (1:30pm?) What BS Shape our VAMC System is in.  eh! ................Buck
    • Yes sir I agree VA HealrhCare is not the best in America ,  just opposite of what President Clinton mention back in his day. I was told I had what looks to be oral cancer from a VA Dentist on 8-19-2016  he mention getting me an appointment with oral surgery clinic ENT Clinic...the earliest they could possible see me was November 24 th 2016 for a cancer screening and  Biopsy... I thought BS  I  got in touch with my PCP on myhealthyvet Secure Message..she mention she would see what she could do...never heard back, got in touch with  the Hospital So called Advocates ...little did that help, So I went to the Hospital Administrator and told him this was not Acceptable and just out right Ridiculous  and if you don't get me an appointment within a week...I will email/or I'll call Bob Mc Donald  Personally, he is the Secretary  of VA   (in case you don't know who he is ) and I'll tell him about this and a whole lot of other needless shit that's been going on Here in this VAMC. I said this is not a threat but a Promise. I got a call the next day to report at ENT Clinic on 24th Aug 2016  (which was yesterday)  they all were super nice & they did a Biopsy on me and set up a follow up appointment (Results of the Biospy on Sept 1-2016 For this very reason and about a 100 more is why I seek other private insurance. ...................Buck





airdale

Individual Unemployability

19 posts in this topic

I had a 10 percent VA disability, then the VA awarded me a 60 percent disability, which interprets to a total 60 percent disability. I had another claim, which has not yet received a determination. Along with that I have a dependent's claim which has not yet been awarded because the VA lost the paperwork and I had to refile for dependents in August. The VA has urged me to file a IU claim, and later, they advised that I file a Social Security disability claim. I am 60, have not worked a full time job since 2001, but I have worked some temporary or limited time jobs -- I just can't stay on a job for eight hours a day and definitely not a 40 hour work week. I filed the IU last year and it just seems to be floating around with no decision as is the case with my other claim. I had contacted the VA about the dependent claim and they had no knowledge of it, but I was told to fax the copy I had sent previously and they would get it done very quickly, using the original date that I filed it, but they have not done so. Any advice would be welcome.

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The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.

As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.

The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.

I don't know enough details concerning the dependent claim to comment.

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The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

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Another thing about my IU claim is that my counselor at the VA rehab office has been urging me to file the IU. I had gone there to get help with finding employment, but they insist that I should file for the IU.

The VA was correct in suggesting that you file an SSDI claim. If nothing else, an SSDI award is evidence of IU.

As to the rest, the VA's idea of prompt anything is different than the rest of the worlds. Getting the VA to "do things right" can be a major problem.

The lack of direct access to those that are supposedly dealing with a claim is just one of the many problems.

I don't know enough details concerning the dependent claim to comment.

The difficulty that I am having with the IU claim is that while doctors agree that I cannot work a full-time job, they ask if I think I could work at all. My answer was maybe a part-time job where my hours are very flexible. I don't know if my thinking that I might be able to work 15-20 hours per week would disqualify me although I actually am not working at all. The problem is that I could not possibly support my family with a part-time job. If anyone on this post can explain how the VA looks at this type situation, I would be very grateful.

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File for TDIU!

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File for TDIU!

I did file the IU form. What is TDIU? Is there a difference? I filed what they had told me to file.

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