Individual Unemployablity Granted

[Pete53]

John:

Congrats what your TDIU and SSD are providing is security for the rest of your life somewhat comforting for me at least. All thought the VA does a poor job for us in many areas they are really good at paying.

Good Luck

Look at this as early retirement with good benefits.

[Notorious Kelly]

Good for you, JohnO - we're very happy!

[JohnO]

Answers to some questions posted below:

"Did your award letter state P&T as well? " from Cooter

No.

From Carly:

"2) Read your Rating Decision over real good. Chance are that they already increased one of

your SC'd conditions high enough to fall into the criteria for 38 CFR 4.16 (a).

3) What issue/s do you feel remain to be "properly evaluated" for you to be "satisfied" "

No to number 2, above. Only a new rating of 30% on one of my deferred claims.

Reference Carly's 3, I've had heart surgery this year and medical evidence shows that I was underrated at 30%, should have been rated at 60%. I'm filing new medical evidence next week. Also, I've been seeing a VA psychiatrist and her evaluations and notes should give me an increased rating for PTSD from 30% to 50%. I have an open claim for PN for all four limbs. I have a NEXUS from my neurologist linking the neuropathy to my DMII, which was rated this past February at 20%.

If I can get my CAD percentage up from 30% to 60%, and my PTSD up from 30% to 50%, and also link my neuropathy to my diabetes, then I'll feel much better about my claims and VA response to said claims.

From Berta:

"The 100% or TDIU is for increase in one of the 30% but you have a separate independent SC rated at 30 that should be 60% (by medical evidence)?

Is that what you meant?"

Yes, my highest individual award is 30%. The 30 to 60 you referred to is my CAD, and recent heart surgeries (three this year) support increasing my CAD to 60%.

[iceturkee]

"I'm having a hard time getting excited about this."

I sure know that feeling. Every award I ever got made me angry and depressed because the veteran-who should have received those awards in his lifetime,not me, is dead.

"Perhaps some day I'll be able to help a vet the way many of you have helped me."

You just DID help other veterans.

Vet reps are still probably telling vets that they cannot attain TDIU if their rating is less then 70%.

It simply isnt true.

I tested this many years ago (with my husband's claim that I continued after death) and with another vet I heard about via a friend of mine.

The TDIU form 21 8940 contains nothing whatsoever regarding any SC % a vet must have before the VA will consider TDUI.

The 70% SC criteria is for the VA but I found nothing regarding a claimant being held to that percent.

The other vet ,my friend told me, had PTSD diagnosis and many years of private treatment records. No SC and no VA file. He also had received SSDI solely for PTSD.

I sent him the TDIU form and told him what to attach to it.

4 months later he was awarded TDIU. 4 months.

The decision should make a statement that they considered you for SMC.

If they have the medical evidence that the 30% should be 60% -that could garner you the SMC S award.

I think VA snookers many 100% and TDIU vets out of a proper SMC consideration.

GREAT News John=try to relax a little and enjoy this victory!

the VA intiated my IU claim and i'm only 60 percent. of course, it helped that the shrink who did my depression c&p said it would be highly unlikely i would ever return to work even in a sedentary job. i have two forthcoming c&p exams before the end of the year!