Iu Vs. 100%, Which Is Better Way To Go?

[usnhmret]

I just received a request for a reply from the VA. It is concerning an "inferred service connected compensation claim." I didn't request this so I'm not sure what it really means.

My initial combined rating is 90%, but there are a few disabilities(big ones) that were denied due to "lack of evidence" that I ever had these problems in the service. I have a copy of my medical record and I plan on submitting copies of what I clearly see as chronic documented evidence. I'm not sure how it was missed, but then part of my rating was farmed out to Philadelphia instead of all being done here in Buffalo.

But anyways, if I were to get 100% without IU, what advantage would there be with IU? I'm not ready to call it quits yet and give up trying to find work after I'm done with school. I'm in the Voc Rehab program taking classes through Kaplan University online. If I pursue IU, I'm guessing that would end right?

Thanks for any info.

[john999]

Usnhmert

I would not worry if the VA does consider you for an inferred claim for TDIU. That is what they are supposed to do in the first place if you have a 90% rating. The problem is that they often do not automatically consider the vet for TDIU when they should. If you are not working and you are 90% then you should be getting IU. The VA fought me over why I was unemployed and tried to blame it on NSC disabilities. I was 70% and the VA was trying not to grant me IU. This burned my Azz and seeing how they twisted my own doctor's words to justify not granting IU the first time round. Both my docs wrote pages on why I was not employable and the VA took on partial sentence to try and deny IU.

What gets me is the many inferred claims that are in vet's medical records that just sit there until the vet files a claim. What it means to me is that the VA is not doing their duty. In the VBM it clearly states the VA has a duty to act on inferred claims and they almost never do it. I think this is often true of side effects of medications. I had high glucose levels and the VA never inferred DMII. I had to file a claim and wait a year for service connection even though I was a RVN vet. I had problems with my feet and no inferred claim of PN as secondary to DMII. If you have DMII and die from heart disease I bet your widow has to fight to get service connected death.

[Guest jstacy]

USNHMRET, The VA diened claims because of lack of medical evidence. Was the evidence in the service record.

I take it you are a Hospital Corpsman. You have had training and that makes you a medical professional. It seems to me the VARO is not paying attention to your opinion if you wrote one. They cannot ignore your opinion since you are a Medical Professional.

I am attaching a VAVC case that set a presedence in the evaluation of evidence from a Medical professional. Please read the entire post.

http://www.warms.vba.va.gov/cova/decision/99dec/pond.doc