Got a Individual Unemployability question?

[Wayne TX]

I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION:  I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same.  In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating  of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered?  I will receive a Video Conference Hearing at RO.  Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?

[Buck52]

Wayne Tx

Just wanted you to know,

We all want you to win your Sleep Apnea  Claim and that they don't deny you on some  lame regulation we never thought about  or low-ball your rating, it's hard to think of what they might do or you be stuck in Appeals for years.

I Highly recommend you listen to Gastone  as he won his Sleep Apnea Claim at 100% and he has been there , so he knows what it takes.

I have never claim Sleep Apnea, I've just helped other vets with the process.

Although I have it and use a C-PAP from the VA I just never have filed a claim for it. my reason not claiming it  I never had OSA while in the military,so I know it would be hard for me to win  even  for a secondary claim....and for me there's no more money in the pot so I choose not to deal with it.

ON MY POST ABOUT SLEEP APNEA & OTHER CLAIMS IS JUST MY OPINIONS & SOME OF MY EXPERIENCE DEALING WITH THE VA.

[Wayne TX]

Buck.....I'm feeling confident in Sleep Apnea being granted at some point in time........a very strong case with the new evidence of one  MD flat saying "more likely than not."  I have waited this long so what else is new?  I'd rather have more strong evidence sitting on my plate in Waco even if it makes the process longer than do absolutely nothing and know at some point a SOC is likely coming my way adding yet more wait time for a Hearing date to roll around.  I really can't see how adding strong evidence at any point in the process before a SOC is issued is not beneficial when nothing has been moving anyway.  I'm thinking at least it might jar them into remembering I'm still here, and let the DRO know he/she still has three NODs tucked away somewhere on their "I'll get back to it again one day" desk.