I received my updated rating today and was rated at 80%. I had also applied for unemployability at the same time and was denied because the VA said I never returned a form, which I never received. Should I appeal and send this form with the appeal. Below is what they sent me. I am I reading this correctly?
The claim for entitlements to individual unemployability is denied. We based our decision upon reveiw of available evidence. In our letters dated June 12,2009, we explained what evidence would be requiredto grant entitlement to this benefit. We asked you to complete a VA form 21-8940. As of this date,we have not received the required form from you. I have been out of work since May because of Degenative Disk Disease and have been too 2 differant VA hospitals and a neurosurjin and 2 back specialists, also physical therapy and epidorals all 3 of them. Va used all of this to take me from 10% to 20% on my back and gave me a new rating on radiculopathy, lower left extremity 0% that I did not have before. What are opions? I was planing to appeal and send in the va form along with Doctors restriction notes that they had been sending in to my disability insurance company, can not sit or stand for pro long time.
Please advise.
Scott