Extra Scheduler Review

[deanbrt]

I would appreciate some input. I have had a 30% rating since 2004 for service related injuries. I also have a claim and subsequent appeals since 2006 working. In late April i went through another C&P exam for my current service related injuries. After the exam, the VA examiner wrote

"After review of the Veteran’s pertinent records (C-file andSTR) as well as most current medical examinations, diagnostics, and consults;with review and examination of the Veteran and in light of most pertinent andcredible medical information and sources; IT IS AS LEAST AS LIKELY AS NOT THATthe Veteran meets the criteria to be considered solely and medically unable toseek and maintain gainful employment.”

That led the VARO to send it to the Director of C&P in Washington for extra scheduler consideration. It came back as a remand that the secondary needed to be decided first. That has happened and now it has gone back to the Director. I have not worked since December of 2005 other then 2 weeks in the summer of 2006 and some marginal work for some weeks in early 2010 that i had to abandon fpr health reasons. I have been on SS Disability since August of 2006. I have a very well known legal firm representing me that thinks it looks pretty positive. That the words ,mean the VA examiner is stating it is at least 50% or greater likelihood that my service connected injuries preclude employment, that the benefit of doubt goes to the veteran, and that I have a demonstrated history of periods of unemployment. I am going on 64. How does it look to people here?

[Berta]

"I have been on SS Disability since August of 2006. I have a very well known legal firm representing me that thinks it looks pretty positive. That the words ,mean the VA examiner is stating it is at least 50% or greater likelihood that my service connected injuries preclude employment, that the benefit of doubt goes to the veteran, and that I have a demonstrated history of periods of unemployment."

Is the SSA award solely for service connected disability?

Did the well known legal firm ever suggest filing for TDIU?

Of course the extraschedular consideration is just as good as the TDIU but TDIU might have staved off the need to go to VACO for extraschedular consideration.

TDIU can be awarded regardless of how low a SC % is.Only 70% SC triggers the VA to consider TDIU but a vet can apply for TDIU themselves with any rating under 70%

Yes this sounds good to me too-based on the C & P report.

[deanbrt]

No, SSA is not solely for the current service related conditions, I am a little confused on the answer to the second question. I believe there is a filing already for TDIU. The way I understand it, because of the C&P exam results, by law it had to go to the Director of C&P for extra scheduler consideration. Thanks for the positive assessment.

"I have been on SS Disability since August of 2006. I have a very well known legal firm representing me that thinks it looks pretty positive. That the words ,mean the VA examiner is stating it is at least 50% or greater likelihood that my service connected injuries preclude employment, that the benefit of doubt goes to the veteran, and that I have a demonstrated history of periods of unemployment."

Is the SSA award solely for service connected disability?

Did the well known legal firm ever suggest filing for TDIU?

Of course the extraschedular consideration is just as good as the TDIU but TDIU might have staved off the need to go to VACO for extraschedular consideration.

TDIU can be awarded regardless of how low a SC % is.Only 70% SC triggers the VA to consider TDIU but a vet can apply for TDIU themselves with any rating under 70%

Yes this sounds good to me too-based on the C & P report.

[carlie]

What are you currently SC'd for and at what percentages for each disability ?

What are the conditions you currently have claims in for as secondary conditions ?

This C&P certainly is positive evidence for IU.

JMHO

[deanbrt]

30% total for bi-lateral knees, Patellar Syndrome and varicose veins. I don't remember the split for each. I was run over by a 105 Howitzer. the secondary claims are for depression and anxiety. Two very strong IMOs for the secondary that were vetted by the law firm before submission but, as with so many here, it looks like it needs to get back to BVA where attorneys will review the evidence.

What are you currently SC'd for and at what percentages for each disability ?

What are the conditions you currently have claims in for as secondary conditions ?

This C&P certainly is positive evidence for IU.

JMHO

thanks for the encouraging assessment. : )

30% total for bi-lateral knees, Patellar Syndrome and varicose veins. I don't remember the split for each. I was run over by a 105 Howitzer. the secondary claims are for depression and anxiety. Two very strong IMOs for the secondary that were vetted by the law firm before submission but, as with so many here, it looks like it needs to get back to BVA where attorneys will review the evidence.