I received my TDIU denial today and it's seems they only considered my service connected conditions, that are not presently on appeal in D.C. for the decision?? Do I read this correctly.. they only used three SC conditions for their decision?
"You reported several service connected conditions prevent you from obtaining and maintaining gainful employment. Because a claim for individual unemployability is essentially a claim for an increase in your service connected conditions, we have considered whether an increased evaluation may be assigned for your service connected hypertension, radiculopathy of right upper extremity, and radiculopathy of your right lower extremity. The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision."
"Entitlement to individual unemployability is denied. We received the Social Security Administration Disiability decision dated August 29, 2007, which you submitted in support of your claim. This decision notes you were granted disability benefits due to your post traumatic stress disorder, status post cervical fusion and degenerative disc disease of your lumbar spine. At this time, you are not service connected for post traumatic stress disorder. The examiner concluded that it was his opinion, after interviewing and examinging you, that the serverity of all your service connected conditions does not preclude you from obtaining or retaining substantially gainful sedentary employment."
To date I am rated at 80%, 130% in regular math..
Now what an appeal?? Is this SOP When over half of SC coditions are in D.C....
Any thoughts or suggestions would be greatly apperciated..
Question
Tig
I received my TDIU denial today and it's seems they only considered my service connected conditions, that are not presently on appeal in D.C. for the decision?? Do I read this correctly.. they only used three SC conditions for their decision?
"You reported several service connected conditions prevent you from obtaining and maintaining gainful employment. Because a claim for individual unemployability is essentially a claim for an increase in your service connected conditions, we have considered whether an increased evaluation may be assigned for your service connected hypertension, radiculopathy of right upper extremity, and radiculopathy of your right lower extremity. The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision."
"Entitlement to individual unemployability is denied. We received the Social Security Administration Disiability decision dated August 29, 2007, which you submitted in support of your claim. This decision notes you were granted disability benefits due to your post traumatic stress disorder, status post cervical fusion and degenerative disc disease of your lumbar spine. At this time, you are not service connected for post traumatic stress disorder. The examiner concluded that it was his opinion, after interviewing and examinging you, that the serverity of all your service connected conditions does not preclude you from obtaining or retaining substantially gainful sedentary employment."
To date I am rated at 80%, 130% in regular math..
Now what an appeal?? Is this SOP When over half of SC coditions are in D.C....
Any thoughts or suggestions would be greatly apperciated..
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