tdiu What Are My Chances?

[Older Female Veteran]

I am new to this board and this is my story:

In 1986 I was medically discharged and received a 40% rating for left elbow fracture and a 0% rating for Ulnar Nerve Paralysis left arm. I was lucky I received my rating 30 days after my discharge. I had three surgeries on my left elbow prior to my discharge each one was to try and correct the mistake of the prior surgery. I finally said leave it alone and they discharged me.

Then in 2002 I received an increase in my rating to 50% PO excision left radial head and 10% Tardy left ulnar nerve palsy. I had an elbow fusion in 1994 because of the problems that developed in the elbow and I was given temporary total disability for 90 days after the surgery but was not given an increase in the rating because I did not request an increase. In 1999 the hardware was removed because it was causing pain. Then in 2001 I actually formally filed paperwork for an increase in my disability. I was denied back pay to 1994 but at least they increased it. I did not file an appeal I only requested a review in which they granted an 10% for left elbow arthritis.

In September 2009 I injured my left elbow and was diagnosed with CRPS (RSD) in my left arm. I had to quit working in December 2009 because of the CRPS. In February 2010 I filed a Statement in support of claim (certified mail return receipt). In March 2010 I received a letter from the VA and filed another Statement in support of claim and also the Application for Increased Compensation based on Unemployablilty also sent certified mail return receipt. After I filed the two I asked for a VSO in March of 2010 because I had heard they actually help the veteran (the raters tend to find in favor of veterans who are represented by VSO’s than those without representation). In May 2010 I had a C&P exam in which the physician stated that “ veteran is unable to do physical and sedentary type jobs….”. I have not received any documentation other than the standard form letters saying they are working on my requests.

I would really appreciate any input on the possibility of the VA actually approving my request for 100% unemployability and the time frame for approval/denial. If more information if needed please let me know.

[Older Female Veteran]

This is some of the information contained in the C&P

Under other comments: it state Veteran is unable to to physical and sedentary type jobs because of the pain, restricted range of motion and inability to write with her left hand.

The Summary of Problems, Diagnoses and Functional Effects this the listing - Chores:- Severe, Shopping- Moderate, Exercise - prevents, Sports - prevents, Traveling - Severe, Feeding - Mild, Bathing - Mild, Dressing - Mild, Toileting - none, Grooming - Mild, Driving - Severe.

Summary of Problems, Diagnoses, and Functional effects: Effects on Occupational Activities: Difficulty following instructions, Decreased manual dexterity, Problems with lifting and carrying; Difficulty reaching; Pain.

I hope this information helps.

Thanks you again for assisting me.

[mobie16r]

The C&P examiner in my opinion,did a good job in your favor and he/she said that you was unable to do physical of sedentary type of work,in that case you could be rated at 100% and unemployability becomes a moot point,but i see you are rated at 60% and if that 60% is treated as one condition,you could get a unemployability rating,just my opinion,someone else will come along on this site that could explain better. GOOD LUCK!

mobie16r

[pacmanx1]

Yes, it does seems that your C & P exam "should" warrant an increase but unfortunately, you will have to wait and see what VA will do. If and when you are awarded an increase, you might want to settle with the state so that you can file for Social Security.

As Always Hope The Best

[Older Female Veteran]

Thank you all for you replies - It gives me a little hope that I might get IU. I understand with the VA nothing is certain.

Again thank you