so i now have everything rite infront of me
dec 07
filed for increase for back/knee/ and IU
aug 08
they increased the back and knee, IU denied b/c you have not been found unable to secure or follow a substantially gainful occupation as a result of s/c disabilities. was only increase to a total of 60%. (40 back, knee 20) they didn't grant extra-schedular (i think b/c only 2yrs out of work, and 8m out of school chp 31 at that time)
oct 08
filed for secondary s/c for hip and other knee strains
oct 09
granted using c&p exam feb 09 (hip/knee) doc suggested using a cain. now met schedular, no earned income, no school.
oct 09
filed for just IU
apr 10
denied: but they say 'REMAINS' denied. my claim for IU was considered REOPENED. but denied b/c the evidence does not show "the the claiment is unable to secure or follow a substantially gainful occupation as a result of s/c dis."
(i dont think this makes sense)they go on to say
you meet the schedulat req. for this benefit but the evidence of record doesn't show (same as above)
:EVIDENCE:
notification from SSA dated apr 10
misc medical treatment reports submitted by me from aug 05 to jan 07 (remember this was denied once again in 2009_lol)
my fm 21-8940 oct 09
rating decision oct 09 (WTF)
apr 11
filed NOD with copy of the form my CPC filled out for SSDI, now aint that funny...lol
jun 11
"we received your appeal election form indication anotice of disagreement for back condition, (say what) the records show the VA rating dated aug 08 and the notification of this decision was mailed aug 08. you have one year from the date of mailing the notification of the decision to appeal. when the time limits expire, the decision becomes final. (duh) No further action will be taken on this appeal.
so where in the hell did my back come into this is what i am wondering.
what is going on with these people?
does anyone have a clue
letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born.