tdiu What Jobs Require No Walking?

[Charleese]

Hi all,

The vet I am helping was denied TDIU because decision say "you have not been found unable to secure or follow a substantially gainful occupation as a result of connedted disabilities alone. While your service connected disabilities certainly impact your ability to perform certain jobs, service connected right lower extremity disability is not shown to preclude employment in any capacity, rendering you unemployable. You are considered unemployable due to non-service connected factors. The service connected disabilities, when considered apart from the non-service-connected conditions, are not the cause of unemployability. While VA examination from 2004 does suggest that service connected disabilities could impact employment capability, the evidence shows that you were able to successfully work from 2004 to 2008."

Vets 2009 C&P exam states: Vet is not able to be sucessfully employed in an position that requires walking o climbing due to his right and self reported left knee DJD."

Question: What type of jobs are there that requires no walking and that are gainful occupation, that this Vet can get?

Please post your answers.

Thanks!

[Charleese]

I agree with John Basser that only an occupational specialist could resolve this issue.

Unfortunately- it could end up with a negative opinion though.

But I dont understand how 3 VA docs and a neurosurgeon have said he cant work yet the VA says he can- or have they stated that he cannot work due to NSC conditions?

His neurosurgeon said that he was totally and permanently disabled from his job working for a courier service because of his surgeries; his VA docs state that (1)2004-Because of right knee condition, I believe this patient has difficulty finding any job requiring long standing or even long siting because of the frequent discomfort on the right knee. (2)2008-The veteran retired in 1995 and he does not work, so occupation does impact his service-connection. He has atrophy of both thigh muscles as a result of limited range of motion and he has had a recent fall that is at least as likely as not the result of the weakness and locking of the right knee; and 2009-Vet is not able to be successfully emplkoyed in any position that requires walking or climbing due to his right and self reported left knee DJD.) He would be also unable to perform any job which required standing or sitting for a > 10-15 minutes due to his NSC C and LS condition.

Decision states: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities alone. While VA examination from 2004 does suggest that service connected disabilities could impact employment capability, the evidence shows that you were able to successfully work from 2004 to 2008 as a courier. This was a part time job he had working 25 hours a week and he says he struggled working those 25 hours. Many of days he stayed home from work. The problem he has is this company won't give him or the VA any info about the number of days he had off or the reason why he is no longer with them. He

just don't understand it.

[Papa]

"You are considered unemployable due to non-service connected factors. The service connected disabilities, when considered apart from the non-service-connected conditions, are not the cause of unemployability"

The above is part of the initial posting, and I think what the VA is saying is that if you remove the NSC factors from the SC factors, the Veteran would be employable. That he is unemployable due to NSC factors. Is there away to connect these two factors together? He needs a good Veteran's Lawyer like J suggested. A good OT that might be able to connect the NSC with the SC. Like was suggested he may want to check out the Voc. rehab. and tell them that he needs to get trained in a job that he can physically do. He may want to apply for SSI. He may also want to contact his Congressman and/or Senator.

Papa

[jbasser]

It needs to be written up in this order.

1: The Veteran can do activities, however due to his service connected disabilities and the manner they effect him, he is not able to repetively do the tasks over a period of an 8 Hour work day.

That is the Key verbage that is required for most agencies.

J

[cowgirl]

Decision states: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities alone. While VA examination from 2004 does suggest that service connected disabilities could impact employment capability, the evidence shows that you were able to successfully work from 2004 to 2008 as a courier. This was a part time job he had working 25 hours a week and he says he struggled working those 25 hours. Many of days he stayed home from work. The problem he has is this company won't give him or the VA any info about the number of days he had off or the reason why he is no longer with them. He

just don't understand it.

Quick comment regards part time job, it does demonstrate that he was 'working'. When VA decided my iu - the 'award' date-was based upon last day worked, shows 'workability for my lack of a better term. and my work was non-gainful and oncall, sometimes not working for a week or two, then maybe then a day or three. The way I understand it - work. My temporary employer just provided the basics, days worked, release and resignation date.

I also applied for and got ssdi. The SSA approved me primarily with a SC condition. I believe getting ssdi helped my iu application. The process went slow,fast, slow, etc...

Wishing you all the best,

Cg'up!

[carlie]

If he's 20 percent or more SC'd have him apply for voc rehab and see

what they have to say.

jmho,

carlie

[Loma Linda Bill]

If he's 20 percent or more SC'd have him apply for voc rehab and see

what they have to say.

jmho,

carlie

Carlie, you deserve it so go for it for real and let us know what happens okay?

Bill