answered

[petr702]

answered

Edited March 28, 2018 by petr702
answered

[rpowell01]

First, I do not see why you shouldn't file for IU if you feel you can't work. Do you feel you can work with the Neuropathy going on? Only you can answer this.

Second, It doesn't make a difference if your using Chapter 31 but the VA will try to utilize your college graduate status as weight for them not to give you UI, this is where an IMO/IME comes into play.

You and me are very similar,except our issues. In 1996 I was given SC'd at 0% for neck and lower back. I walked away from my appointment back then but I didn't want anything to do with the VA nor did I want their money, I just wanted to make sure I was SC'd. I was warned about getting this from service members before I got out. Well I am glad I did that because in 2010 both of those issue severly got worse and I finally gave in and filed for an increase.

To make a long story short, in 2011 I applied for Chapter 31 benefits and was approved. I have been in college since June 2011 but my issues are getting worse which caused me to finally quit work in May 2012. I couldn't go any longer because of the pain in my arms, chest, neck, mid back, lower back and legs. Now I have pain in my toes. I filed for IU in June 2012 and they are just now moving the claim forward. I currently have a NOD for things they denied but I have a IMO/IME that connected the dots the VA didn't want to do. My Voc Rehab Counselor stated that she doesn't believe I can go back to work but she knows I am not working and she has not stopped my Chapter 31 benefits. I think she is waiting to see if the VA awards my IU and/or makes a decision with my NOD I currently have. Eitheway, the VA is now stuck like chuck with that IMO/IME that was done on my issues. They know that eitherway I am 100% but which one is cheaper for them is the IU.

Anyway, what I am tyring to say is that only you know if you can keep working. Do you feel you can work? My advice is that it won't hurt to file for IU but you need a doctor stating you can't work. In my IMO/IME report the doctor stated it was his opinion I can't go back to work with these issues and the meds I am on. This same letter was used for LTD insurance and they are using it for SSDI. I personally didn't want to go this route, I didn't but I have to look out for my family. That was my only reason why I am going this route, FAMILY.....Like you said "stuff got worse"...How worse will they be lets say in two years from now?

[john999]

If one of your ratings is not at least 40% the VA will give you a technical struggle for TDIU. If you cannot work due solely to SC conditions you are eligible to file for TDIU.

[VaBenefitAwareness]

"Today, we proudly usher in a new era for hardworking Americans with disabilities."

These words were spoken by American Diabetes Association Chair of the Board Stewart Perry upon the September 25, 2008 signing of the Americans with Disabilities Act Amendments Act (ADAAA).

Because of the ADAAA people with diabetes will no longer face a Catch 22 in which they can be denied a job explicitly because of their diabetes – but then told they don't have the right to fight this discrimination in court because they take such good care of themselves that they don't have a "disability" as defined by federal law.

Under the ADAAA people with diabetes and other chronic illnesses – people that Congress clearly intended to cover when it passed the original Americans with Disabilities Act in 1990 – are once again within the law's umbrella of protection.

http://www.diabetes.org/living-with-diabetes/know-your-rights/discrimination/employment-discrimination/americans-with-disabilities-act-amendments-act/

I would not tolerate someone denying me a job due to my need for refrigeration. You lose nothing by filing for IU, If they deny you then you are in the same position you are today. But don't wait to do it. You only get paid from the day of filing and they have a back log. You should check out my blog.

http://vabenefitawareness.wordpress.com/ be sure to use the search tool because some of my posts go into archive but they are full of important information. Search for filing a claim or claims, or appeals. If you already filed for IU you can appeal DO NOT FILE A NEW CLAIM unless you missed the appeal cut off date.

[broncovet]

Go ahead and file for IU, sooner rather than later. If you do get it, the earlier you apply the earlier will be your effective date. It is true, you dont currently meet the schedular minimum requirements of at least one disability rated at 40%. However, there is another route to TDIU, and that is the "extra-schedular IU" for precisely when you do not meet the schedular minimums.

LIkely best is to ask for an increase and simultaneously request IU, both schedular and extra schedular. You may well get an increase and meet the schedular requirements and be awarded IU at the same time.

[broncovet]

Whether or not you get IU will largely depend on your evidence. For example, if your doc states that you can not work because of sc conditions such as DM or PN, then you should eventually get IU.

[confusion99%]

If one of your ratings is not at least 40% the VA will give you a technical struggle for TDIU. If you cannot work due solely to SC conditions you are eligible to file for TDIU.

I believe the DM and the upper and lower extremities neuropathy would be lumped together as all caused by the DM in order to reach the 40% if I read things correctly in the reg.