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Aristotle

What Are My Chances?

Question

On my IU C&P Exam, the Examineer stated that " the veteran will be unable to function in an Occupational Environment due to his SC ( Thoracolumbar Spine), he can not bend forward for more than 15 degrees, can not sit down more than 10-15 minutes and must ambulate with cane due to back and leg pain and poor balance".

Last Dec 2012 I applied for VR & E, the Counselors found me not fit for Rehab and employment so they enrolled me in Independent Living Program. Home assessment was done last week.

With the above situations, what are the chances of my claim for IU?

Edited by Aristotle

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What exactly are you service connected for. IVDS or Spinal Arthritis?

If it is IVDS than you have to have certain periods of bed rest to get max 60 to qualify for IU.

If it is Arthritis, the ROM is 40 percent. You would need to connect the effected nerves in the legs or Radiculpathy to put you in contention for IU.

J

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"Last Dec 2012 I applied for VR & E, the Counselors found me not fit for Rehab and employment so they enrolled me in Independent Living Program. Home assessment was done last week."

If the VR &E documented that ,due solely to your SCs, they found Voc Rehab unfeasible....... that is Golden evidence for TDIU.

But I am not sure,from your post, if that is what they actually stated in documentation

Definitely heed what John stated .....the link to the Schedule of Ratings and the diagnostic codes are here at hadit on the main forum page.

PS . Voc Rehab records are often kept separate;ly from the regular medical files and C file,so when Voc Rehab does make a finding that due to SCm Voc Rehab isnt feasible, it might not be in .the records VA has and you might have to request this documentation directly rom VE&R

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I agree with the advice given. To get IU, you need to have your doctor declare you are unemployable due to SC conditions. However, if you are only 40% SC, like your post suggests, then you will need to get an increase before you can get schedular IU (you can apply for extra schedular consideration for IU, but dont hold your breath). You need at least 60% to get "regular" IU. Therefore, until/unless your rating percentages increase, your chances of IU are remote. If you have an increase pending, then you certainly may be increased to within "schedular" IU requirements and you could well get your increase and IU at the same time.

Edited by broncovet

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My SC is IVDS (Lumbar Spine). I had a multi level Laminectomy last Apr 2012. Radiculopathy on both lower extremities and MDD are secondaries. Hopefully it will raise my rating over the minimum required for IU. I had my C & P exam for MDD last Dec 2012 and the Examineer connected it to my SC. For the ILP, the counselors found VR & E unfeasible just due to my SC.

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