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rotorhead

No C%p Exam

Question

I have been reading over the denial for I U that I received last week. The bottom line for the denial was that I am only rated at 60%.

DMII 20#

PN RU 10% UL 10% LL 10% LR 10%

Macular Degeneration 10%

TOTAL 60%

The denial states that I reported for a examination, I DID NOT have a C&P for IU. CUE?

or give it up until I am rated 70%. I am a 3 mets or less IHD claim pending back to Jan 06.

Dave

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You should be getting an award letter soon for your IHD. Stay on top of that and hold off on appealing the IU. You may get the numbers you need from the IU + you should see a real good retro if you had claimed before and been denied.

If you appeal the IU it now it may slow down everything!

Good Luck on your claim!

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I have been reading over the denial for I U that I received last week. The bottom line for the denial was that I am only rated at 60%.

DMII 20#

PN RU 10% UL 10% LL 10% LR 10%

Macular Degeneration 10%

TOTAL 60%

The denial states that I reported for a examination, I DID NOT have a C&P for IU. CUE?

or give it up until I am rated 70%. I am a 3 mets or less IHD claim pending back to Jan 06.

Dave

rotor,

I do not believe nor have I ever seen a specific exam for IU that exists.

Your options that I know of is to request 4.16 (b) or get some increase that would total the 70 percent for IU.

JMHO

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Individual unelployability if often misconcieved as being a rateable disability. it is not. A C and P exam would be performed on your medical conditions to see of you qualify for IU which is a benefit afforded to those whose service connected disabilities are severe enough to prevent them from working.

There is no exam for IU. just an exam of service connected conditions. This is why we see so many requests for reduction as the Examiner feels conditions are improved. Sometimes IU can backfire on a Vet.

J

Edited by jbasser

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It sure sounds like a potential "CUE" and "NOD" to me!

If no statement was made regarding IHD, you will need to at least file an NOD to protect your claim origination date before any expiration date that exists.

There is a serious question that arises if the VA claims you reported for a C%P that never happened. I'd ask immediately for a copy of the C&P.

It may be that the VA did a C&P paper record review instead of an actual exam, (they can do this), and the RO didn't notice the difference. (nothing new)

If the written evidence is good enough, this is certainly less hassle than going through an exam.

As I understand it "deemed denied" is likely the current rule for the unmentioned conditions, and might be stretched to include IHD if there isn't a "deferred" statement in the decision.

They rated the PN differently than the VARO I deal with recently did. It looks like they rated the upper and lower part of each leg in your decision separately.

The Atlanta VARO rated each leg (total) at 10% plus "Bi-Lateral" in a recent PN decision that I'm referring to.

Actually, if you are at 3 Mets or less, along with the other problems, you should be automatically considered for TDIU. The VA often fails to do this.

I have been reading over the denial for I U that I received last week. The bottom line for the denial was that I am only rated at 60%.

DMII 20#

PN RU 10% UL 10% LL 10% LR 10%

Macular Degeneration 10%

TOTAL 60%

The denial states that I reported for a examination, I DID NOT have a C&P for IU. CUE?

or give it up until I am rated 70%. I am a 3 mets or less IHD claim pending back to Jan 06.

Dave

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You can only file a CUE on a final decision. If you can still use regular appeal system then use it. File your NOD and note the fact you did not have a C&P exam. CUE is your last resort.

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