tdiu Questions-Not Sure Where To Post This.

[bluehen2859]

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

[broncovet]

You dont want to appeal anything until you get your decision, along with the "reasons and bases". You see, when you appeal, you normally attack the "reasons and bases" because if you can refute those reasons, then they should have to award benefits and not come up with new "reasons and bases" for denial.

This being said, have you checked e benefits to see your rating? It wont help your appeal, but it may make you feel a little better knowing what the percentage is. Look at your ab8 letter, as well as your payment information on ebenefits.

Also, some have said they get the money deposited before they get the letter, so check your bank frequently, especially if you have online access to your banking information.

[jazz991]

So, if my implantable Cardioverter- Defibrillator was placed in because of Cardiomyopathy. Does that still mean I will recieve a 100% rating?

[Berta]

Jazz 991-I suggest you ask this in the Claims Research forum.

Your profile says no SC percentage yet.

The ratings are determined by the VA Schedule of Ratings here at hadit on the main forum page.

Are you the same vet who was facing an MEB situation sometime ago?

What was the result of that?

Edited June 28, 2012 by Berta

[jazz991]

Jazz 991-I suggest you ask this in the Claims Research forum.

Your profile says no SC percentage yet.

The ratings are determined by the VA Schedule of Ratings here at hadit on the main forum page.

Are you the same vet who was facing an MEB situation sometime ago?

What was the result of that?

Correct, the MEB came back with a return to duty but I now have a DC of 7020 from the MEB for Cardiomyopathy with a AICD.

[broncovet]

Again..you will need to wait for the decision to decide if you are going to appeal. Also, if you are anxious, you can sometimes find out your disability rating on ebenefits with the "AB8" letter, which will show your disability percentage.

[jvretiredvet]

At the risk of high jacking this thread further ....

Following your postings on this and other threads, I am a bit confused as to your real question. This is what I understand:

1. You had an AICD implanted while you were on Active Duty because of (non-specified) cardiomyopathy.

2. You have been returned to AD by the Physical Evaluation Board (PEB) with DC 7020, Cardiomyopathy, as the issue in question. The PEB made this decision upon recommendations from the Medical Evaluation Board (MEB). (I rather imagine that there might be some assignment limitations or restrictions associated with this action).

These are my comments:

A. You won't be able to get VA comp while you are on Active Duty.

B. Upon separation from AD, you will qualify for 100% under DC 7020-7011 from the DVA.

C. However, if you are medically retired under Chap 61, you will not (currently) qualify for CRDP and VA Comp.

D. While there are several DCs in the VA Rating Schedule which assign a 100% for certain conditions, the 100% is more of a tool used to assign monetary benefits rather than an accurate and true description of a disability (IMNSHO).

E. If you believe that a numerical assignment truly does made you too disabled to remain on Active Duty, you need to appeal the PEB's decision.

Correct, the MEB came back with a return to duty but I now have a DC of 7020 from the MEB for Cardiomyopathy with a AICD.