When you finally get the help you need and deserve it is a relief. You have to figure out what you will do with the rest of your life. The VA is saying you are unemployable and will never be able to work again. This has to sink in for a while. If you are 65 years old it is one thing, but if you are younger it is somewhat final.
I'm only 54 but I have been unable to work (& thereby unemployed) since 2004 so I've known that score for a while.
My IU eed is 1 Aug 2005. My county VSO had me include it in a claim I filed back then. Should be a decent retro. That's why I needed 3 signatures. Some -EXPLETIVE DELETED- (by me) supervisor had my file and wasn't even giving it to any body to sign off on it. Sat on it a couple weeks I think it was. Anyway, a service organization counselor on site at VARO can be an asset. A supervisor, call him "D" with the Texas Veteran Commission had been trying to get that VA -!- to move my file but no-ohh. So D finally goes to the front office and goes over her head. D calls us Wednesday (I think it was, maybe Tuesday) and said he got the go ahead to get the signatures and would hand carry the file through. It's dated Friday and we got it in the mail Saturday.
My wife scared me! I was down in the barn and heard her yelling. On the way to the house (via VA scooter) I she her clutching her chest. Of course it was the papers she was clutching and "We've got it!" and such like is what she was yelling. She saw the VARO envelope (white) but thought it was just more forms or something and hadn't even opened it immediately.
Anyway, here's what she saw on page 1--- "Your Award Amount and Payment Start Date" (never mind the $ numbers). The key detail was "Individual Unemployability Adjustment,..." and that dated back as mentioned above. That's what set her off.
"We granted you entitlement to the 100 rate effective Jul 8, 2005 because you are unable to work due to your service connected disability/disabilities."
"Basic eligibility to Dependents' Educational Assistance is established from July 8. 2005." At there's the indication of P&T, ain't it? If that don't do it, this surely does- "We enclosed a VA form 21-8760, 'Additional Information for Veterans with service connected Permanent and Total Disabilities."
The factors in the decision...
"We made a decision on your substantive appeal based on your personal testimony dated March 17, 2009.
Evidence... Y'all know the sort of stuff that goes in here. Treatment records and such like. I'll just record some of the specifically notable items...
"Copies of the Board of Veteran's appeals decisions pertaining to service connection for bilateral knee and lower back conditions resulting from flat feet and ankle conditions..."
"Copies of articles entitled Clinical Assessment of the Human Gait; Ligament Injury, Reconstruction & Osteoarthritis; Osteoarthritis & Cartilage; Hyperpronation: Treating Secondary Conditions; Foot Disorders/Flatfoot; As the Ankle Rolls; Flat Feet Can Cause Significant Problems; Ipsilateral Hip Abductor Weakness After Inversion Ankle Sprain.
One major IMO from an MD and a minor ME from a Foot Doctor.
Reasons For Decision: Of special Note
DJD Lumbosacral spine--- "Based on a review of multiple articles pertaining to the relationship between altered gait,... Photographs of your abnormal shoe wear pattern* as well as a medical opinion by Dr. K---"
* Remember that my Lying C&P examiner baldly lied and stated I had no abnormal shoe wear patterns..."
It is important to note, here, the the articles and appeal claim results. This feature pretty much repeats on each item.
EED I had claimed it a little earlier than the grant but that's because it is awarded as a secondary condition and is dated from establishment of flat feet as service connected.
The IU now, It appears that the sole evidence sited was my IMO.
Question
Jayg
I quote this one reply from my initial topic...
I'm only 54 but I have been unable to work (& thereby unemployed) since 2004 so I've known that score for a while.
My IU eed is 1 Aug 2005. My county VSO had me include it in a claim I filed back then. Should be a decent retro. That's why I needed 3 signatures. Some -EXPLETIVE DELETED- (by me) supervisor had my file and wasn't even giving it to any body to sign off on it. Sat on it a couple weeks I think it was. Anyway, a service organization counselor on site at VARO can be an asset. A supervisor, call him "D" with the Texas Veteran Commission had been trying to get that VA -!- to move my file but no-ohh. So D finally goes to the front office and goes over her head. D calls us Wednesday (I think it was, maybe Tuesday) and said he got the go ahead to get the signatures and would hand carry the file through. It's dated Friday and we got it in the mail Saturday.
My wife scared me! I was down in the barn and heard her yelling. On the way to the house (via VA scooter) I she her clutching her chest. Of course it was the papers she was clutching and "We've got it!" and such like is what she was yelling. She saw the VARO envelope (white) but thought it was just more forms or something and hadn't even opened it immediately.
Anyway, here's what she saw on page 1--- "Your Award Amount and Payment Start Date" (never mind the $ numbers). The key detail was "Individual Unemployability Adjustment,..." and that dated back as mentioned above. That's what set her off.
"What We Decided:
Degenerative joint disease, lumbosacral spine- 40%
Degenerative joint disease, Left knee- 10%
Degenerative joint disease, Right knee- 10%
Peripheral Neuropathy, Left lower extremity 10%
Peripheral Neuropathy, Right lower extremity 10%
Degenerative joint disease, Left hip- 10%
Degenerative joint disease, Right hip- 10%
VA 'fuzzy math' puts me at 80% with TDIU now.
"We granted you entitlement to the 100 rate effective Jul 8, 2005 because you are unable to work due to your service connected disability/disabilities."
"Basic eligibility to Dependents' Educational Assistance is established from July 8. 2005." At there's the indication of P&T, ain't it? If that don't do it, this surely does- "We enclosed a VA form 21-8760, 'Additional Information for Veterans with service connected Permanent and Total Disabilities."
The factors in the decision...
"We made a decision on your substantive appeal based on your personal testimony dated March 17, 2009.
Evidence... Y'all know the sort of stuff that goes in here. Treatment records and such like. I'll just record some of the specifically notable items...
"Copies of the Board of Veteran's appeals decisions pertaining to service connection for bilateral knee and lower back conditions resulting from flat feet and ankle conditions..."
"Copies of articles entitled Clinical Assessment of the Human Gait; Ligament Injury, Reconstruction & Osteoarthritis; Osteoarthritis & Cartilage; Hyperpronation: Treating Secondary Conditions; Foot Disorders/Flatfoot; As the Ankle Rolls; Flat Feet Can Cause Significant Problems; Ipsilateral Hip Abductor Weakness After Inversion Ankle Sprain.
One major IMO from an MD and a minor ME from a Foot Doctor.
Reasons For Decision: Of special Note
DJD Lumbosacral spine--- "Based on a review of multiple articles pertaining to the relationship between altered gait,... Photographs of your abnormal shoe wear pattern* as well as a medical opinion by Dr. K---"
* Remember that my Lying C&P examiner baldly lied and stated I had no abnormal shoe wear patterns..."
It is important to note, here, the the articles and appeal claim results. This feature pretty much repeats on each item.
EED I had claimed it a little earlier than the grant but that's because it is awarded as a secondary condition and is dated from establishment of flat feet as service connected.
The IU now, It appears that the sole evidence sited was my IMO.
There you have it. :D
Edited by JaygLink to comment
Share on other sites
Top Posters For This Question
3
3
1
1
Popular Days
Dec 6
7
Dec 7
7
Dec 8
2
Top Posters For This Question
Testvet 3 posts
Jayg 3 posts
Hoppy 1 post
raytaylor 1 post
Popular Days
Dec 6 2009
7 posts
Dec 7 2009
7 posts
Dec 8 2009
2 posts
15 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now