diabetes Do I Qualify For Tdiu?

[Ken1]

I just came across form 21-8940 / VETERAN'S APPLICATION FOR INCREASEDCOMPENSATION BASED ON UNEMPLOYABILITY

I last day to worked July 22, 2005. I went out on a medical leave of absent for Peripheral neuropathy and diabetes. In the process after 6 month of waiting I recieved mt medical records and made 22 claims on my 21-526 files Oct 2007 including peripheral neuropathy and diabetes.

My claim for the above was due to exposure to agent orange but not in country

On 10/08/2008 I file a 21-4138 with letter from the Social Security Administration granting disability for diabetes and peripheral neuropathy.Should I resubmit with form 21-8940?

What is you opinion ?

Thanks in advance

Ken1

[LarryJ]

You VA Contact is not telling you all that you need to know.

Isn't that the truth.

[veteran for life]

Please read 38 cfr 4.16 it says that if all your disabilities affect a single body system (such as orthopedic) and add up to the 60% that you qualify for IU.

[carlie]

NO _ NO _ NO

Read ALL of 38 CFR 4.16 to include part A & B.

I haven't seen it granted many times due to part B -

BUT pr has seen it granted a couple of times due to part B.

Ken1 - Your doctor's can state all they want that some disability is due to AO

BUT - your going to have to submit proof of exposure no matter what the doctors say

to get it SC'd.

http://ecfr.gpoaccess.gov/cgi/t/text/text-....11&idno=38

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a)

Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities:

Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.

For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable.

Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person.

Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501) This is the part of the reg pr is pointing out here - he has seen IU granted due to part b a couple of times.

(b)

It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.

Therefore, 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.

The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

[cowgirl]

ken, welcome to Hadit

I see you asked if you should 'resubmit' form 21-8940. Did you submit for Unemployability already? if so how long ago? and for what reason?

Just curious to see if I am reading correctly.

What does the VA say in regards to your deferred issues - did you get a future date or actions to take?

Carlie,Tbird, PR and Pete - solid advice. And of course Larry tells it like it is~truthfully!

All the best to ya,

Cowgirl'up2009!

[Ken1]

I decided to wait, last week complete one C&P for hearing lost and tinnitus wait for result. I have another 18 claims deferred since completing 21-526 Oct 2007

Thanks to all for the information

Ken1

[Cavtrooper088]

Ken,

I got my approval for 10% Tinninitis back about a month following my hearing test at Memphis VA. I rechecked and discovered I was my hearing came back at 0% disability.

Cavtrooper088