I would like confirmation that I'm correct in my calculation that my husband is at 70% He was denied by DRO review because he is not at 70% He has been 70% for 4 years with 50% bilateral, 20% and 10%, I have used several different formats and always come up with 68% which would be 70%.
A little background. He was a Veteran Benefit Rep in Kentucky. In July, 2010 he had surgery on his left foot, screws and plates were put in and his ankle was fused. The Kentucky Department of Veteran Affairs denied his request for time off for surgery and recovery, He was desperate to get pain relief so he took retirement with only 10 years of service. He was given 3 months of 100%, however his foot was not healing and he needed extended recovery but was denied without having the required exam. His doctor provided the necessary info supporting this, however we had a trip planned and paid for prior to his having surgery to go on vacation with our children. He rescheduled one PT appointment for our trip. I rented a scooter for him since he could not walk at all. He was denied based on missing the one PT appointment.
The surgery was considered a failure due to the screws not being placed correctly and the pain increased rather than decreased. He was/is having to take multiple medications for pain and now has a VA provided scooter, lift and ramp. He was advised to file for IU which he did and was denied. In every stage he has been denied for something different such as he could do sedentary work. There has been no consistency. I seriously doubt anyone will hire a 65 year old man using a scooter and taking medications which cause him to fall asleep every time he sits down, Here are my questions.
Am I correct that he meets the % required for IU?
Was filing a CUE the right way to go?
Would this be retro to November, 2010 when he was first denied?
The CUE was filed in May in Nashville, what would be estimated time for response?
Question
Dinnard
I would like confirmation that I'm correct in my calculation that my husband is at 70% He was denied by DRO review because he is not at 70% He has been 70% for 4 years with 50% bilateral, 20% and 10%, I have used several different formats and always come up with 68% which would be 70%.
A little background. He was a Veteran Benefit Rep in Kentucky. In July, 2010 he had surgery on his left foot, screws and plates were put in and his ankle was fused. The Kentucky Department of Veteran Affairs denied his request for time off for surgery and recovery, He was desperate to get pain relief so he took retirement with only 10 years of service. He was given 3 months of 100%, however his foot was not healing and he needed extended recovery but was denied without having the required exam. His doctor provided the necessary info supporting this, however we had a trip planned and paid for prior to his having surgery to go on vacation with our children. He rescheduled one PT appointment for our trip. I rented a scooter for him since he could not walk at all. He was denied based on missing the one PT appointment.
The surgery was considered a failure due to the screws not being placed correctly and the pain increased rather than decreased. He was/is having to take multiple medications for pain and now has a VA provided scooter, lift and ramp. He was advised to file for IU which he did and was denied. In every stage he has been denied for something different such as he could do sedentary work. There has been no consistency. I seriously doubt anyone will hire a 65 year old man using a scooter and taking medications which cause him to fall asleep every time he sits down, Here are my questions.
Am I correct that he meets the % required for IU?
Was filing a CUE the right way to go?
Would this be retro to November, 2010 when he was first denied?
The CUE was filed in May in Nashville, what would be estimated time for response?
Thank you so much for any info you can provide.
Link to comment
Share on other sites
Top Posters For This Question
15
5
3
1
Popular Days
Oct 29
7
Oct 30
6
Oct 31
5
Mar 19
3
Top Posters For This Question
Dinnard 15 posts
Berta 5 posts
Philip Rogers 3 posts
infantry10 1 post
Popular Days
Oct 29 2013
7 posts
Oct 30 2013
6 posts
Oct 31 2013
5 posts
Mar 19 2014
3 posts
Popular Posts
Berta
From what you posted they committed a CUE by failure to address 38 CFR 4.16 (B) http://www.law.cornell.edu/cfr/text/38/4.16 (b) It is the established policy of the Department of Veterans Affai
Philip Rogers
The VA routinely denies TDIU using that exact quote, 38 CFR 4.16(a). They used it on my claim back in 1991 and, at first, I agreed w/them, until I read the whole 38 CFR 4.16. They purposely deny cla
Berta
Yeah, PR you are right......I rethought over what I posted...... If the vet didnt ask for extraschedular , maybe there was nothing in the med recs to rompt the VA to consider it.....and then it mi
26 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now