diabetes IMO TDIU

[Sgscott1]

I am currently 80% and have a Remand for TDIU from the BVA. The remand was due to the original RO not even considering my TDIU claim along with BVA granting service connection for diabetes . I am service connected for diabetes type 2 on insulin. I have developed Autonomic Neuropathy which causes syncope and near syncope several hospitalizations. The VA rated my Autonomic Neuropathy under Gastroperesis which I also developed due to AN. I also have orthostatic hypotension episodes regularly(at least 15 times a month. My Physician of 5 years wrote an IMO that I could "Not secure or maintain a substantially  gainful occupation due to my Diabetic Neuropathy". In 2009 I was placed on FERS Disability retirement due to Diabetes. I have a C&P for my TDIU next week and the VA called me to schedule it and they stated they were going to look at all of my rated conditions. I would like to know if anyone has an information or advice or criticism as to whether my IMO is helpful and is it normal for a complete C&P for all conditions for a TDIU claim. Thanks in advance.

Edited November 30, 2015 by Sgscott1

[allan1351]

Just be ready for whatever comes at you...Be prepared!!!!!

[Navy04]

Welcome aboard and sorry to hear of your troubles bud. Good luck and God Bless

[Guest]

Yes, your IMO should help your claim.  VA will pull this card from their deck from time to time.  It really depends on your individual rating percentages and if you currently meet the minimum requirements for filing TDIU.  You know (1) one condition rated at least 60% or a combination of conditions rated at 70% with at least (1) one of them being rated at 40%.  It is just more mind games that VA plays. If you have not filled out a VA form 21-8940, VA will request you to fill one out.  If you have already filled the form out, it depends on what disability you claimed to cause you to be unemployable.

[Gastone]

Keep your eye's pealed for anything regarding "Sedentary" work. The VA's Earned Income level of $12,400 per yr can be a problem. Even if you've been  unemployed for the past 5 yrs, a Rater could decide, based on your education and employment history, that you "Should" be able to do Sedentary work earning a min of $238.00 per week.

Have you sent your IMO to the VA?  Break down your 80% for us. Is there a 40% in there? Nothing mentioned in your original award regarding an "Inferred IU Claim?"

Semper Fi

[Sgscott1]

asthma (previously rated as seasonal allergies under diagnostic code 6522)30%Service Connected 10/01/2006 sleep apnea with asthma 50%Service Connected 01/01/2010diabetes mellitus, type 2 20%Service Connected 01/28/2008

gastroparesis and gastroesophageal reflux disease (GERD) 

20%Service Connected04/08/2013

transient ischemic attack (TIA) 

Not Service Connected

peripheral neuropathy left lower extremity 

10%Service Connected09/14/2010

peripheral neuropathy right lower extremity 

10%Service Connected09/14/2010hypo lipidsNot Service Connectedcervical strain0%Service Connected10/01/2006metabolic syndrome XNot Service Connected 09/14/2010low back strain, with degenerative changes of Schmorl's nodes10%Service Connected02/06/2009

meralgia paresthetica 

0%Service Connected10/01/2006hypertension10%Service Connected10/01/2006

Yes the IMO was sent to the VA. 

[broncovet]

How long have you been unemployed?  Did you get fired?  

Diabetic Neuropathy is not the kind of a thing that a sedentary job will help you, unless your pain disappears when you sit down.  

Va would mostly rather you sleep in a shopping cart in front of VARO, and some employees would toss you a quarter, rather than awarding TDIU.    There is a REASON why more Vets are homeless than the civilian population, rather than the other way around, like it should be.  The reason is the VA loves to delay and deny.  

Does your decision specifically state that your IMO is "evidence" on the evidence page?  

If not, you should resubmit the IMO, under 38 CFR 3.156.    Beleive me, there is no guarantee VA did not lose your evidence!!

If the IMO is cited on the evidence page, the VA is required to give a "reasons and bases" as to why they found the IMO not persuasive.   Were their other VA docs who opined unfavorably?  

It sounds like you need to get your cfile and file a NOD.  You want to refute the reasons, to the extent possible, for VA's denial.