Your Claim Is Currently Being Forwarded To Va Central Office In Order To Make A Determination On Iu Based On Extra Schedular

[Limekiln Vet]

As the topic title suggests, that is the latest status of my claim. I applied in Dec. 2008 for various claims, was denied for all except 0% for a skin condition and I appealed the most important one, that of Ankylosing Spondylitis which they said was not service connected. It goes back to my service from 1977 to 1985, and was quite difficult to make the nexus.

Around December of 2012 I won the appeal, and was awarded 30% for AS. And the skin condition claim was remanded back by VBA. Then in April 2013 I was awarded various percentages for the skin conditions, 50%, 10%, 10% and 2 at 0%.

So I was then 70% combined. I then opened a new claim for IU, I have been unemployed since 2002 due to the AS. I was approved SSDI specifically for the AS, and also have a small amount each month from a LTD claim, all going back to 2002.

My thought was that now I was 70% combined, with at least one at 40%, barely squeaking into what I considered to be eligible. Around 8 months into the latest claim (February 2014), I was notified of this current status since AS being the cause of my unemployment was not the 40% rating, only 30%. I considered this rather postive, but now my research here and other places indicates to me that approval of such claims are almost non-existent, i.e. IU via extra schedular.

I had what appeared to be a very positive C&P exam in December 2013, and the VA has absolutely everything they need, such as all the Social Security information, and LTD records, and I receive ongoing treatment for AS up to and including just having started Humira. And I also had open heart surgery at the VA hospital in October 2013, which probably has nothing to do with this claim, just mentioning it.

So what does anyone think? Am I right in concluding this is a nearly impossible claim to win? It has been about 6 weeks since it was forwarded, does anyone have a sense of how long that step might take? And finally, if approved what should the retro date be? I think there is a case to suggest it should go back to December 2008, since until the appeal was settled I was unable to make the IU claim. Thanks anyone!

[Berta]

" I was approved SSDI specifically for the AS, and also have a small amount each month from a LTD claim, all going back to 2002."

Do you mean the SSDI is solely and only for the AS?

What is a LTD claim?

Apparenty the SSDI might not be entirely for the AS and therefore, VA did the right thing, by asking VA Central to consider extraschedular consideration.

It isnt a standing SC rating percentage that determines unemployability due to SC...it is medical evidence of how that SC causes your in ability to work.

Personal example:

Husband was 30% SC for PTSD 1983 to 1992 when he applied for a higher PTSD rating.

SSDI award solely for PTSD- early 1993.(He had applied for TDIU as well with VA)

Posthumous 100% P & T award for SC PTSD, 3 years after he died.

If he had lived it probably would have been TDIU instead of 100% SC.

There is a link to a BVA extraschedular award here:

[Limekiln Vet]

Yes, my SSDI is solely for AS, there was no other issue submitted in the application. LTD is long term disability through a private insurance company, for which is also solely for AS.

I understand that it is not a SC rating percentage that is the determination for IU, but it is a percentage that determines where and how IU might be granted or considered.

Edited March 28, 2014 by Limekiln Vet

[Limekiln Vet]

I was also wondering if being forwarded for extra schedular is kind of a semi-approval? I mean do they have to forward it, or do it when there is liklihood of being approved only, is it a recommendation?

[Limekiln Vet]

To clarify:

"This is in response to your inquiry to the Department of Veterans Affairs (VA) dated January 30, 2014 and follow-up e-mail received February 15, 2014.

Thank you for your service to our country.

Your claim is currently being forwarded to VA Central Office in order to make a determination on IU based on extra schedular. Based on current regulations set forth by congress 38 C.F.R. 3.16 (b)..."rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section."

Currently you meet the requirement of an overall combined rating of 70% but the service connected condition that prohibits you from working is currently rated at the 30% and not the required 40%, me must send it forward as an extra schedular."

[Berta]

Currently you meet the requirement of an overall combined rating of 70% but the service connected condition that prohibits you from working is currently rated at the 30% and not the required 40%, me must send it forward as an extra schedular

"Yes, my SSDI is solely for AS, there was no other issue submitted in the application. LTD is long term disability through a private insurance company, for which is also solely for AS."

"I understand that it is not a SC rating percentage that is the determination for IU, but it is a percentage that determines where and how IU might be granted or considered."That is correct.

Va must consider a SSDI award solely for SC because it is in essense an independent medical opinion.

This too is probative evidence for TDIU:
LTD is long term disability through a private insurance company, for which is also solely for AS.

I am a little astonished that they didn't award TDIU at the RO level.

Is it perhaps they referred to this fast letter and only the 30% disability was claimed on the TDIU form?

http://www.scribd.com/doc/148923612/FL13-013-001

VA Fast Letter TDIU claims # 13-13.

BUT I think you will succeed in being granted Extraschedular consideration and awarded at 100% or TDIU (paid at the 100% rate.

Are you able to scan (cover C file number, name and address first)
and attach here to a post the VA's reasons and BAses part of the decision as well as the Evidence list they used?

I would like to see (and others here too) just how they considered the full TDIU regulation, and if the Fast Letter above was used correctly in their decision.

If my husband had lived ,he would have been awarded TDIU instead of the 100% I think...but they cant award TDIU to a dead person.
And his 100 % posthumous rating was not extraschedular.

The evidence I had (this was an accrued award claim) was his SSDI records, which were in fact from basing the SSA award solely on his VA shrink records.
The VA denied that claim at first , because the SSA records were not listed as evidence.

Also VA conveniently somehow disregarded very significant testing his VA doc had done to not only separate deficits he had from an 1151 stroke from his then 30% PTSD.

These were 6 psychiatric tests ( Combat related MMPI, Weschler, Hand, etc etc )...I went right over to the doc at the Bath VAMC and asked him why the results were not in his med recs. He was shocked that they weren't and gave me a copy of their results.His Gaf had gone from 34 to 26 as well..

The doc (PTSD psych) even wrote a letter to them, sent me a copy of it, mailed it to them himself and VA quickly fixed their denial to award the 100% P & T.

My point here is if we dont buy what they are selling, we need to look into the decision carefully....

Something seems wrong here and I hope the VACO referral isnt just to stall.

I do not see how the VACO could deny you, and should award either TDIU or 100% extraschedular.

Others will chime in too.

[Berta]

Men and women...I think I am going nuts....this is what I do not understand here....

please enlighten me.

This vet is 30%SC for Ankylosing Spondylitis.

SSDI and the LTD records (if the VA really considered them) would warrant a TDIU.because they are solely for the same condition.

But the VA kept him at the 30% and combined to 70% yet still did not award TDIU on the 70% basis.

Does this make sense?

Could be be due to the new TDIU Fast Letter?