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sam1962

Question

I recently was awarded 70% for compensation.

50% for A mental Issue

10% left knee

10% right Knee

10% lower Back

10% tennitus

They also approved my shin splints but just added it to my knee issues.

But they denied my claim for 100%

hear is what they wrote:

"Although the VA Examiner stated that your fibromyalgia has an impact on your ability to perform both physical and sedentary work, this condition has not been linked to your active military service."

Should I try to get a reconsideration of this response or try another route to get 100% TDIU?

Thanks

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I recently was awarded 70% for compensation.

50% for A mental Issue

10% left knee

10% right Knee

10% lower Back

10% tennitus

They also approved my shin splints but just added it to my knee issues.

But they denied my claim for 100%

hear is what they wrote:

"Although the VA Examiner stated that your fibromyalgia has an impact on your ability to perform both physical and sedentary work, this condition has not been linked to your active military service."

Should I try to get a reconsideration of this response or try another route to get 100% TDIU?

Thanks

Attempting to get any type of reconsideration without any N&M evidence

will get you nowhere.

Since you are not SC'd for fibromyalgia - the fibromyalgia will be factored in to support

a denial for IU.

IU only considers SC'd disabilities.

Do any of your doctors state that you are unemployable due solely to your

SC'd disabilities ?

How about your mental health provider.

Your recent decision may well have already addressed the issue of IU

as you hit the 70 percent mark.

If so, it will also tell you why IU was considered but not granted.

From what you've posted I feel va probably considered IU and denied it

because the examiner stated your work ability is impacted by the fibromyalgia

and there is nothing relating impact on your work ability to any of your SC'd conditions.

"50% for A mental Issue

10% left knee

10% right Knee

10% lower Back

10% tennitus"

Now it's also important to keep in mind that your

50 percent evaluation for "A mental Issue" has already taken

into consideration,an impact on your work ability.

Occupational and social impairment with reduced reliability and productivity due to such symptoms as:

flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory

(e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships . . . 50

JMHO

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