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!

[Pete53]

If you can't walk how do get to your job?

[Charleese]

If you can't walk how do get to your job?

In essence that's what I'm asking.

[*Bergie*]

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!

Why does'nt he apply for SC of other injuries secondary to the right knee. You say he fell, what else has been injured?

JMO,

Bergie

[Charleese]

Why does'nt he apply for SC of other injuries secondary to the right knee. You say he fell, what else has been injured?

JMO,

Bergie

He did apply for his neck and lower back as secondary to his right knee and they denied him. Even though his doctor wrote: "After a complete review of his medical records, it is my medical opinion that Mr. XX fell because of the pain, stiffness and instability of this right knee related to the injury suffered at the time of service in the Air Force. Furthermore, it is my opinion that Mr. XX is permanently disabled and unemployable after the cervical spinal surgery and several other comorbidities."

Decision states: "The letter submitted from Dr. X states that he has cared for you for many years, except for a 2 year periode from May 2006 to July 2008. Dr. X reports the history of your work related injury on July 30, 2008, opining that in his opinion, you fell because of your service connected right knee disabiliy. These opinions, however, are purely speculagive, as these providers wre not present at the time of your accident, nor involved in the medical care rendered subsequent to this event. Therefore, it is assumed that these opions were based on your subjective report, which is not supported by the evidence of records showing multiple but varying reports of the circumstances of you fall, with no indication that you reported that your fall resulted from your right lower extemeity disability, until VA joints exam in November 2008."

His hospital Consultation Request record dated 8/5/08 show when he first went to the hospital he reported that he fell because of right knee locking up and giving way. For some reason they conviently overlooked this info. They took an unsigned hospital Note dated 8/15/08 stating that: "These records document your reports as to the circumstances of your fall, to include stepping from your car and missing a step and falling......however, there is no indication that you reported that your fall was related to your service connected right lower extremity disability." He fell on a driveway and driveways are flat they don't have steps. His son was with him when he fell, and helped him up.

[*Bergie*]

He did apply for his neck and lower back as secondary to his right knee and they denied him. Even though his doctor wrote: "After a complete review of his medical records, it is my medical opinion that Mr. XX fell because of the pain, stiffness and instability of this right knee related to the injury suffered at the time of service in the Air Force. Furthermore, it is my opinion that Mr. XX is permanently disabled and unemployable after the cervical spinal surgery and several other comorbidities."

Decision states: "The letter submitted from Dr. X states that he has cared for you for many years, except for a 2 year periode from May 2006 to July 2008. Dr. X reports the history of your work related injury on July 30, 2008, opining that in his opinion, you fell because of your service connected right knee disabiliy. These opinions, however, are purely speculagive, as these providers wre not present at the time of your accident, nor involved in the medical care rendered subsequent to this event. Therefore, it is assumed that these opions were based on your subjective report, which is not supported by the evidence of records showing multiple but varying reports of the circumstances of you fall, with no indication that you reported that your fall resulted from your right lower extemeity disability, until VA joints exam in November 2008."

His hospital Consultation Request record dated 8/5/08 show when he first went to the hospital he reported that he fell because of right knee locking up and giving way. For some reason they conviently overlooked this info. They took an unsigned hospital Note dated 8/15/08 stating that: "These records document your reports as to the circumstances of your fall, to include stepping from your car and missing a step and falling......however, there is no indication that you reported that your fall was related to your service connected right lower extremity disability." He fell on a driveway and driveways are flat they don't have steps. His son was with him when he fell, and helped him up.

Has he had any complaints and/or exams of the left leg. If he has a right leg injury he undoubtedly places more weight on the left leg and over time those joints wear out. If he has not been seen for the left leg I recommend that he ask for an exam. He will most likely have degenerative changes and could possibly get it rated as secondary to the right leg SC'c injury. At 70 years old as I said he most likely has degenerative changes. However, if he can get an ortho doctor to report that these changes have been worsened by over use to compensate for the right leg. It might be worth trying. Also he might try filing for increased SC for the right leg because he is falling more often.

JMO,

Bergie

[Charleese]

Has he had any complaints and/or exams of the left leg. If he has a right leg injury he undoubtedly places more weight on the left leg and over time those joints wear out. If he has not been seen for the left leg I recommend that he ask for an exam. He will most likely have degenerative changes and could possibly get it rated as secondary to the right leg SC'c injury. At 70 years old as I said he most likely has degenerative changes. However, if he can get an ortho doctor to report that these changes have been worsened by over use to compensate for the right leg. It might be worth trying. Also he might try filing for increased SC for the right leg because he is falling more often.

JMO,

Bergie

Yes he has had complaints and exams of the left leg and has tried to get left knee/leg sc as secondary to this right knee injury. But VA denied him saying he didn't have it in service. Yes his doctor has stated that these changes have been worsened by over use to compensate for the right leg and they still denied him saying he didn't have this when he was in the service. He did a NOD on this and it is pending. This vet gets denied for everything even though VA doctors and private doctors give their IMO in his favor.