Aristotle

I was awarded IU last May 2013 with an effective date of May 2012. I filed a request last month that my IU status be considered to be P & T. To support my request I submitted a letter from the Neosurgeon who is treating my SC, IVDS (Lumbar Spine) and who performed my lumbar laminectomy. On the letter he stated that the condition of my lumbar spine will not have a significant improvement in the future and thus anticipate that I will be permanently disabled. I also submitted a copy of the evaluation of the VR & E therapist that I am not feasible for any training and employment due to the severity of my SC disabilities and thus I am enrolled in ILP. Last week I received a letter from the VARO that states: You may be entitled to the compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service connected disabilities. If you believe you qualify, complete, sign and return the enclosed VA Form 21-8940, Veterans Application for Increase Compensation Based on Unemployability. Send us any treatment related to your claimed conditions. This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics etc. I am just wandering if I have to resend all these reports which they already have and used to rate my disabilities. They already rated me with IU, do I still have to fill up another VA Form 21-8940. As stated above, I already sent the letters or documents to support my request.

Update for my claim. I received a phone call from the VARO this morning informing me that I was granted IU. I think the two situations I've posted above were enough to warrant the granting of IU. I wish to thank everybody in this Forum.

dav_marine72 Thanks for your encouraging quotes. You mentioned about the VA granted you P&T initially and took it back, what was the reason?

broncovet If the VR& E counselors are not qualified to make a medical determination then how come they are making a determination whether a veteran is feasible for voc rehab or not?

Philip Rogers Thanks. All my C & P exams were done last Dec 2012. Results look promising and all I have to do now is just wait.

Thank you guys for the inputs. I am glad I found this forum.

Kadyrmacias You need to apply for VR & E. If they will find that you are not fit for rehab or employment then ILP is on the table. At least this is what happened to me.

Philip Rogers Thanks for the advice. Based on the copies of the C & P Exams results I think I will have a combined rating of more than 60%. For my SC (Thoracolumbar Spine) findings are: 15 degrees forward flexion, moderate radiculopathy on the right leg and mild radiculopathy on the left leg. For the Major Depressive Disorder, symptoms noted by the Examineer ranges from 50% to 70% rating. The 40% is my old rating. Examineer's report was 45 degrees in forward flexion and moderate radiculopathy on the right leg. I knew I was lowballed because I can not even bend for more than 10 degrees. I was really hurting that time. I just postphoned my scheduled back surgery not to miss the C & P Exam.

jbasser Thanks, I will. I need all the help I can get.

My SC is IVDS (Lumbar Spine). I had a multi level Laminectomy last Apr 2012. Radiculopathy on both lower extremities and MDD are secondaries. Hopefully it will raise my rating over the minimum required for IU. I had my C & P exam for MDD last Dec 2012 and the Examineer connected it to my SC. For the ILP, the counselors found VR & E unfeasible just due to my SC.

On my IU C&P Exam, the Examineer stated that " the veteran will be unable to function in an Occupational Environment due to his SC ( Thoracolumbar Spine), he can not bend forward for more than 15 degrees, can not sit down more than 10-15 minutes and must ambulate with cane due to back and leg pain and poor balance". Last Dec 2012 I applied for VR & E, the Counselors found me not fit for Rehab and employment so they enrolled me in Independent Living Program. Home assessment was done last week. With the above situations, what are the chances of my claim for IU?

Thanks megghp0405, just like what I said I will not submit it. I hope being out of work since Apr 2011 due to my SC and Major Depression secondary to my SC and the IU C & P Examineer's report stating that I will be unable to function in an occupational environment with my SC will be good enough to support my claim for IU. What do you think?

Thanks carlie, I think I don't have to submit this to support my claim for IU. I'll just hope that the report of the IU C&P Examineer will be good enough that states: The veteran will be unable to function in an occupational environment with his SC.

I just got a medical opinion fom the Neusurgeon who is treating my SC and states: Mr................. Is making slow progress after surgery and will have limits on sitting, standing, bending, stooping with no kneeling, crawling or clmbing to be undertakken. Lifting is also limited. He will have limits for an extended period of time and in all probability be off work for one year from the present. Will this support the statement of the IU C & P Examineer noted on her report?

Thank you for the input Philip Rogers. Hopefully I will have a good rating for my Lumbar Spine, result of the C & P exam is my forward fllexion is 15 degrees with moderate radiculopathy on my right leg. Together with my rating on depression hopefully I can meet the required rating to be considered for IU.