Iu Or Appeal

[Subcook(ss)]

Hi,

I was just granted a overall 90%, rating through a decision review.

40% TBI

30% Migrain

30% Anxiety (secondary to tbi)

30% Flatfoot ( +ples planus and some broken bones)

10% Scar (Head)

10% right Knee problem

10% tinnitus

I was denied sc for a left knee problem (same exact problem with the right knee), and I feel that I was underrated for the tbi, or, the anxiety secondary to tbi. Also, due to my embarrassment about the symptoms I was experiencing I understated my current issues to the cp folks. The psychiatrist from the VA used almost the exact same verbage from the rating manual for anxiety at the 50% level.and yet I was only rated 30%. additionally the decision sighted that they could

not give me a higher rating for the tbi because they used some of the factors to justify the anxiety rating. basically I would have felt better about a 70% TBI and no anxiety rating. I dont know what the VA math to that works out to but...

So, sorry about the long windedness, poor grammar, and punctuation.

My question is; should I appeal or just file for UI and hope it goes through?

I am hoping to one day find gainful employment somewhere where my issues wont interfere with me holding a job down for longer than a year. -employers dont seem to like forgetful people or people who get migraines (go figure)

Thanks for the inputs in advance.

Edited October 29, 2011 by Subcook(ss)

[Pete53]

Welcome to Hadit and you appeal and ask for TDIU also.

[cooter]

Ditto what Pete just said.

Also, if you do get awarded TDIU and later decide to go back to the work force, you are allowed to work for 1 year before VA takes the TDIU away (There may some stipulations that comes with this). On the other hand, if you were granted 100%, you could work without any limits at all~

Coot

[Wings]

x

x

x

I third the motion!

Submit by certified mail VA Form 21-8940 AND your Notice of Disagreement at the same time. I would send them in the same envelope. ~Wings

VA Form 21-8940 - Veteran's Application for Increased Compensation Based on Unemployability (Fill)

File Type: PDF

Issue Date: 02/19/2008

Revision Date: 10/2004

Total Pages: 2

VA has a longstanding and well-established policy of granting total disability ratings to

Veterans who, due to service-connected disability(ies), are unable to secure and maintain

substantially gainful employment even if a Veteran’s combined disability evaluation does

not result in a total schedular evaluation. The provisions of 38 C.F.R. § 4.16(a) provide the

minimal schedular standards for TDIU consideration: if there is one disability, this

disability shall be ratable at 60 percent or more; and, if there are two or more disabilities,

there must be at least one disability ratable at 40 percent or more and additional disability

to bring the combined rating to 70 percent or more. Alternatively, if these schedular

requirements are not met, but the evidence shows the Veteran is unemployable due to

service-connected disabilities, 38 C.F.R. § 4.16(b) authorizes VA to grant a TDIU

evaluation on an extra-schedular basis upon approval by the Director, Compensation and

Pension Service.

[Subcook(ss)]

Thanks for all of the good advice. I sincerely appreciate it.

I was wondering if you guys had any info about dealing with the VA saying, "there is no mention of claimed condition in our medical record", and using that to justify denial of service connection?

(I was burning through the other threads at a friends house yesterday, trying to figure it out, and I got lost/ too pissed off reading about other vets getting the short end of the stick due to VA's lack of interest in ensuring a fair outcome)

They tried to use that when they intialy denied the scar on my head, and my TBI, but there was actually a ton of pages about my TBI in the record, they just forgot to open it up and read it.

Unfortunately, however, they are right about a lack of documentation for my left knee.

I was stationed on a submarine, and between my knee, foot, and my tbi problems, I was probably in the Doc's shack 50 times, and followed up with him another

100 times on the mess decks, when he was burning flicks. But.. in my SMR, there is only about 10 notes on my TBI, and 3 or 4 for my right knee. to be fare, most of

my consultations with Doc lasted 5 minutes, involved a baggy of Motrin, and some sort of encouraging words like "suck it up", or "it will get better later". that type of thing.

I requested treatment for my left knee, and I was treated for it (not really but), and I know this because it was on the same occasions as when I asked for help with the right knee.

also I am having the exact same symptoms. VA Doc listed it as patellofemoral strain- VA rating people listed it as "not our problem".

Do you guys think I am out of luck on this one, or, if I just explain this to them in plain English they'll get it?

Thanks again.

PS, Nothing against any of my Docs, Im sure if they had any idea about how the VA wings it (honestly), they would have written a novel into my med rec. (time between movies permitting)

[cooter]

The way it looks, since your SMR doesn't show enough treatments and no Dx for the left knee to file a solid claim, I would take the route of claiming it as Secondary injury due to your SC right knee and the flat feet, cause both could aggravate other parts of the body, including the back. If you walk with an abnormal gait due to your SC injuries, that as well, could cause aggravation to the mechanics of the body.

Use any notes you have, if any, from your SMR, and also any statements, xrays, mri's, etc. from your Dr's. Even a statement from your Dr saying it is "at least as likely as not" due to your SC right knee. "More likely than not" is even better. You might want to read the Rating Schedule to see what % coincides with your knee.

Coot