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Questions-Not Sure Where To Post This.

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bluehen2859

Question

Recently, I posted information pertaining to a claim that was granted by the Board of Veterans Appeals after eight long years. However, at this time I have not received any additional information regarding the processing of the claim by the Regional Office other than I received a call from the Attorney(on 4/12/2012) who represented the claim to say that he had been in touch with the Regional Office and that they should hear something from them within the next thirty days.(I sure hope so). Anyway, one of my questions that I would like to ask is that in 2007, I file a claim for Indivdual unemployability and it was denied for the following reason(s): According to VA, a review of the medical evidence received shows that you are unemployable due to your nonservice connected disabilities of multiple sclerosis, affective mood disorder, and retinal detachment defects. Therefore, entitlement to a total evaluation based on unemployability is denied. Further states that entitlement to individual umeployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. The veteran is considered unemployable due to nonservice connected factors. My first question is if I refile for unemployability since the Board of Veterans Appeals has granted service connection for the issue(s) that I was initially denied for as not being service connected by The RO and the one year time for appealing their decision has expired, but in light of the new evidence that I have(which is service connection granted) is it possible to appeal the original date that the claim was originally submitted for Individual unemployability. Also, I have been receiving SSDI since 2004 for my condition(multiple sclerosis-heavy steroid use resulted in the high blood glucose, in turn caused retinal damage) and depression associated with the multiple sclerosis. My second question is: Should I go ahead and re-file for the Individual Unemployability and file for my secondary conditions or should I wait until an initial rating is assigned on the pending claim? Any help is greatly appreciated. Thanks in advance,

Bluehen

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  • HadIt.com Elder

They should grant your IU if they dont award 100 percent.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Recently, I posted information pertaining to a claim that was granted by the Board of Veterans Appeals after eight long years. However, at this time I have not received any additional information regarding the processing of the claim by the Regional Office other than I received a call from the Attorney(on 4/12/2012) who represented the claim to say that he had been in touch with the Regional Office and that they should hear something from them within the next thirty days.(I sure hope so).

Anyway, one of my questions that I would like to ask is that in 2007, I file a claim for Indivdual unemployability and it was denied for the following reason(s): According to VA, a review of the medical evidence received shows that you are unemployable due to your nonservice connected disabilities of multiple sclerosis, affective mood disorder, and retinal detachment defects. Therefore, entitlement to a total evaluation based on unemployability is denied. Further states that entitlement to individual umeployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. The veteran is considered unemployable due to nonservice connected factors.

My first question is if I refile for unemployability since the Board of Veterans Appeals has granted service connection for the issue(s) that I was initially denied for as not being service connected by The RO and the one year time for appealing their decision has expired, but in light of the new evidence that I have(which is service connection granted) is it possible to appeal the original date that the claim was originally submitted for Individual unemployability.

Also, I have been receiving SSDI since 2004 for my condition(multiple sclerosis-heavy steroid use resulted in the high blood glucose, in turn caused retinal damage) and depression associated with the multiple sclerosis.

My second question is: Should I go ahead and re-file for the Individual Unemployability and file for my secondary conditions or should I wait until an initial rating is assigned on the pending claim? Any help is greatly appreciated. Thanks in advance,

Bluehen

IMO - I would not do ANYTHING else at this time unless requested to by the RO or BVA.

The RO might take action on all the above.

JMHO

Carlie passed away in November 2015 she is missed.

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Thanks for your replies. I really appreciate the advice.

IMO - I would not do ANYTHING else at this time unless requested to by the RO or BVA.

The RO might take action on all the above.

JMHO

Thanks for your reply and I really appreciate the information.

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Just an Update: I have been informed that as of June 7, 2012, a rating has been completed on my claim but as of today, I have not received anything official. Once I receive official notification I will return and post the outcome of the rating. After waiting for eight years and six months on Appeal, hopefully I can get some closure.

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since you missed the dead line I am not sure if they will go back unless you fight it becuase of them not rating it...you should have filed another appeal but,

wait for the Rating...so you have you illness on paper... then make the conection to the secondary symtoms, get them acknowledged and rated.. THEN go for unemplotability. or if your lucky they will do it in the rating process.

Good Luck!

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