tdiu Is This A Cue/opinions Please

[*Bergie*]

I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award. In the process of gathering documentation we requested copies of ALL his claim files. I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement. Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited. Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work would not be able to maintain it. It was my understanding that the benifit of doubt goes to the vet. Needless to say they denied it SOC states he is "considered capable of gainful employment based on a review of the evidence and facts." It goes on to state that "the current orthopedic conditions and DM have not caused any significant unemployment history, and do not limit any such future employment." WTF, he applied because the orthopedic condition had deteriorated, and the C&P doc stated as much. Is this a CUE or not!!!

Thanks,

Bergie

[Pete53]

Bergie:

I don't know but maybe it would put them on defense instead of trying to deny or reduce benefits.

Thanks for helping a Veteran

[*Bergie*]

Bergie:

I don't know but maybe it would put them on defense instead of trying to deny or reduce benefits.

Thanks for helping a Veteran

Well thanks Pete,

The hearing is tomorrow in the morning. I think I can discredit their case and show that it is nearly impossible for a 59 year old man that is now 69 to have "improved," in 10 years of aging. I'm hoping Berta or Carlie will give some input about the possible CUE.

Thanks again,

Bergie

[carlie]

I am helping a family member who is a retired VN vet with his case where the VARO is trying to reduce his award.

Bergie -

What percentage is this vet SC'd at and for what DC's ?

Did the VA send this vet a Proposal to Reduce Benefits ?

Did VA provide any Reason for this proposal to Reduce ?

If yes, what Reason ?

Is tomorrow's hearing in regards to the Proposed Reduction ?

In the process of gathering documentation we requested copies of ALL his claim files.

I just got to looking and in 2004 he filed for TDIU, he was at 80% and was forced to quit working due to his SC'd total knee replacement.

Which also caused his other knee (also SC'd) to deteriorate to a point that his mobility was severely limited.

Ok, so I'm reading the C&P exam and it states that due to his "non" SC'd and SC'd disabilities he is unable to work, and if he did find work

would not be able to maintain it.

It was my understanding that the benifit of doubt goes to the vet.

Needless to say they denied it SOC states he is "considered capable of gainful employment based on a review of the evidence and facts."

It goes on to state that "the current orthopedic conditions and DM have not caused any significant unemployment history, and do not limit

any such future employment."

Bergie -

When he filed for IU in 2004 - have you seen where a doctor wrote,

"forced to quit working due to his SC'd total knee replacement".

Usually this gets a temporary 2 or 3 month temporary convalescence rating and then the VA orders

a new C&P for current level of disability. Perhaps this is why VA is wanting to reduce.

When was his other knee SC'd ?

It looks to me like his other knee was not SC'd when the 2004 claim for IU was made.

I don't see any medical evidence shown here that would put the medical evidence in relative equipoise

and as such, there is no BOD to apply.

I do not see any opening for a CUE claim here with what's been posted.

jmho,

carlie

WTF, he applied because the orthopedic condition had deteriorated, and the C&P doc stated as much. Is this a CUE or not!!!

Thanks,

Bergie

[Berta]

I dont see CUE basis and think the issue of CUE has no bearing at this point.

Can you scan and attach here the exact wording of the Reasons and Bases for the VA's proposed reduction?

[john999]

The 2004 c&p exam says that a combination of NSC and SC conditions makes the vet unemployable. If must be solely due to SC conditions for IU. That c&p doctor shafted this older vet with that language. When NSC and SC are mixed in together it is often death to an IU claim. I know from experience. He needs a statement from a doctor saying solely due to his SC conditions he can't work. The VA did this to me writing the word "SOLELY" in caps and bold print because even though I was 70% the doctor mentioned a NSC condition. The VA blamed all my employment problems on the NSC condition. It took another IMO to get that right. That is what this vet needs.

[pacmanx1]

When the veteran filed a claim for increase that awarded him 80% service connection:

What were his service connection conditions that got him the 80%?

Did the veteran file for TDIU at the same time he filed for the increase that got him 80%?

When VA awarded the veteran 80% service connection did they consider TDIU at that time?

How long has it been since the veteran was rated at 80%?

Did the veteran claim hardship or inform VA that he was unemployed before he was rated 80%?

It really depends on what is in his file and what the rating decision states.

What is the veteran rated now? Is the veteran rated TDIU?

Too many questions would need to know more.