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!

[mags1023]

Sounds like he is butting his head up against a door at the VARO that won't be opened. With the evidence he has produced, his claim should, at the very least, be at equipose and by law they should find in favor of the veteran through "benefit of the doubt". Not sure if you have sent a letter in to the VARO with this type of wording. You might want to try it, but it sounds like they are just denying for the heck of it. With this evidence and nexus, he will eventually prevail.

Edited April 5, 2010 by mags1023

[jbasser]

This vet needs to go to see an occupational specialist for an IMO. These Docgs trump any VA RO.

J

[Charleese]

This vet needs to go to see an occupational specialist for an IMO. These Docgs trump any VA RO.

J

This RO is not listening to any doctors, (VA or private doctors). 3 VA doctors have said he can't work, and his nuerosurgeon has said he can't work as well as his private physcian. I doubt if they will listen to an occupational specialist. For some reason they just continue to deny him. Ever since 1984 this RO records state: "that his knee hurts, and at times it gives way." They state that these Doctors opions are purely speculative and that these opinions were based on his sujective report, which is not supported by the evidence of record, showing multiple but varying reports of the circumstances of his fall, with no indication that you reported that your fall resulted from your right lower extremity disibility, until VA joints exam in November 2008. Fall took place on July 30, 2008. He did report to the hospital and it is listed on hospital report dated August 5, 2008 that his right knee locked up on him and gave way. Plus he told this to his private doctor on August 4th, but his private doctor thought he had a stroke and sent him to the emergy room to be checked out. He went and it was found negative for stroke and because of him not being able to walk or move they admitted him for their neurosurgeon to see him the next day.

I don't know where they get off saying that a doctor has to be present at the time of an accident and have to be involved with your medical care subsequent to a fall. It so happens his private doctor was involved with him in his medical care subsequent to his fall.

It is so strange and obnoxious as to the things this rater is saying in this decision. It is not only mean spirited but as if to say this is a Gotcha moment. The probative evidence outweighs the negative in this case. They failed to use Reasonable Doubt because if they had they would of granted him his neck and lower back as secondary to his right knee injury and TDIU.

He keeps talking about going to Washington and asking them to investigate this RO to see why they keep denying him when the evidence is in his favor.

[jbasser]

You appeal the RO's decision and get the opinion. The BVA will listen to the Occupatuional Doc.

A lot of RO's try to play MD as I see it often. You may as well be thinking about bringing an attorney on board who handles VA and SSDI cases. These folks know where to send you.

JK

Edited April 6, 2010 by jbasser

[cowgirl]

I agree, there seems to be something amiss here. Applying legal rules is the only way to correct this denial. So, from what I read, a timeline needs clearly developed and the facts to support it. simplify. justify with medical opinions and work history.

Can this guy get SSDI? That would be very helpful connecting the dots to a service connected injury preventing gainful employment - especially if the service connected condition is primary reason the veteran is disabled.

Has this veteran tried vocational rehabilitation? The counselor will declare what or if the VA can offer help.

If this person is 70years old and unemployed due to his knee - is he sad or depessed? VA care is available?

What is the current status of his claim? When was the last time he requested status via IRIS? And if you want to post the VA locale, someone here may have had the same go-round and fix.

Best to ya

Cowgirl'up,1,2,3....

[Berta]

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?