tdiu Please Transcribe Ro Iris Response

[Jerry_O]

This is the email (IRIS) I received on the 23rd of July:

Thank you for your inquiry. VA empathizes with all the suffering you and

your spouse are going through.

A rating was completed today on your claims. The issue of compensation for

coronary artery disease (CAD) is deferred because additional medical

evidence is required before a decision can be rendered. In addition, the

issue of whether or not you are entitled to Individual Unemployability is

deferred because additional claims development is required before a decision

can be rendered. These two deferrals are in reference to your temporary 100%

and a permanent 100% payment (IU).

If you have any questions, you may contact us by telephone at 1 800 827

1000. If you use a Telecommunications Device for the Deaf (TDD), the number

is 1 800 829 4833.

If you are looking for general information about benefits and eligibility,

you should visit our web site at http://www.va.gov, or search the Frequently

Asked Questions (FAQs) at http://iris.va.gov.

Best Regards,

Eric Robinson

Assistant Coach Public Contact Team

St. Louis VA Regional Office

My question is why would they be considering IU if I did not ask nor apply for it? Would VA allow or consider IU if medical conditions were such that working may aggrevation of the illness to a fatal stage?

Secondly all of my heart paper work was sent shortly after my C&P. I can't seem to get a response from my VSO so any help would be appreciated. One thing I did do was write back to RO via IRIS and ask them the same question on IU.

Thanks all.

Jerry

[carlie]

Section A. Partial and Deferred Rating Decisions

Overview

In this Section

This section contains the topic "General Information on Partial and Deferred Rating Decisions."

1. General Information on Partial and Deferred Rating Decisions

Introduction

This topic contains general information about partial and deferred rating decisions, including

· when to make a partial rating decision

· improper use of a partial rating

· when to use a deferred rating

· assigning compensable evaluations while deferring other issues

· action to take on a case deferred for further development, and

· action to take on a reopened claim.

Change Date

December 13, 2005

a. When to Make a Partial Rating Decision

Make a partial rating decision if the record contains sufficient evidence to grant any benefit at issue.

b. Improper Use of a Partial Rating

Do not use a partial rating to

· deny one claim when resolution of another issue is pending examination or receipt of other evidence

· assign a noncompensable evaluation if only compensation is at issue, or

· deny service connection for cause of death if development is being undertaken for another condition that is possibly involved.

c. When to Use a Deferred Rating

Use a deferred rating when

· the rating activity receives a claim that is underdeveloped or incomplete and requires additional development, or

· considering the issue of service connection in a death case while granting Dependency and Indemnity Compensation (DIC) benefits under some other provision of the law, such as 38 U.S.C. 1318.

Note: It is proper to prepare a rating decision granting service connection for the cause of discharge due to disability in a case where there is less than 90 days of service, if Death Pension entitlement is otherwise shown.

Continued on next page

1. General Information on Partial and Deferred Rating Decisions, Continued

d. Assigning Compensable Evaluations While Deferring Other Issues

Grant a compensable evaluation for disabilities, if possible, even though the issue of service connection for other disabilities or entitlement to a higher evaluation must be deferred.

Grant an increased evaluation immediately, even though a rating under paragraph 28, 29, or 30 of the rating schedule may require deferral for proper certification.

Note:

· Identify the deferred issues both in the conclusion and in the narrative of the decision, and

· provide a brief description of the reason for the deferral in the narrative.

e. Action to Take on a Case Deferred for Further Development

If the rating activity returns a case for further development with regard to the issue of service connection for cause of death,

· request the indicated evidence

· award pension benefits if entitlement is established and an award was not made prior to submission of the case to the rating board, and

· establish a 60-day control for submission of the requested evidence.

Result: If the requested evidence is

· received, resubmit the case to the rating board for a formal decision, or

· not received within 60 days and no additional time is requested, resubmit the case to the rating board for a decision based on the evidence of record.

f. Action to Take on a Reopened Claim

If a reopened claim with new evidence is received, route the previously denied case to the rating activity.

[Jerry_O]

Carlie -

Thank you for finding this info for me. This is an assumption on my part but - since my coronary heart disease coupled with DMII PN HTN and PTSD has increased in severity since my last rating in 1991 and since the heart attack was while on active duty in May 05 and the triple bypass happenend within a year of being released back to retirement status is VA RO saying that if I wasn't working I could most likely be rated as P&T IU? I've read where they have the responsibility to assist the veteran. I'm not looking for a hand-out but I'll be 60 soon and since my last heart attack and subsequent bypass it is difficult at best to do any physical work.

Well, I'm ranting. Thanks so much.

Jerry

[Vike17]

Jerry,

As Carlie pointed out, a deferred rating means the VA had to put off on making a decision because there was some sort of development needed, such as obtaining additional medical records ect.., to make an accurate decision.

Vike 17