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What Are My Chances?

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Aristotle

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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  • HadIt.com Elder

I suggest you request "extra-schedular consideration," for TDIU, based on the examiner's statement. You can be rated TDIU w/less than the minimum required but only if you request it. I had a claimant that was denied TDIU based on the fact that the highest rating he could receive, for his skin condition, was 50%. He had been denied for about 15 yrs. I won his claim by proving his skin condition prevented him working and requesting an extra-schedular rating for TDIU. jmo

pr

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Philip Rogers

Thanks for the advice. Based on the copies of the C & P Exams results I think I will have a combined rating of more than 60%. For my SC (Thoracolumbar Spine) findings are: 15 degrees forward flexion, moderate radiculopathy on the right leg and mild radiculopathy on the left leg. For the Major Depressive Disorder, symptoms noted by the Examineer ranges from 50% to 70% rating.

The 40% is my old rating. Examineer's report was 45 degrees in forward flexion and moderate radiculopathy on the right leg. I knew I was lowballed because I can not even bend for more than 10 degrees. I was really hurting that time. I just postphoned my scheduled back surgery not to miss the C & P Exam.

Edited by Aristotle
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  • HadIt.com Elder

I had the same thing happen to me. After my last surgery in 2009 I had a C&P that sounded like what yours does. Then Voc Rehab turned me down too and gave me the independent living program. I got my TDIU in 2010. Now don't get me wrong. I also have a 50% for mental. Sounds like your in decent shape to get it. Watch out for the P&T not P&T. They gave it to me initially and took it back.

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The bottom line is the EVIDENCE. If the doctor says you are unemployable, and you meet the schedular requirements, then you should get it on appeal. The VR and E counselor, is not qualified to make a medical determination.

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  • HadIt.com Elder

Broncovet is right. Be advised that the RO sometimes uses things like that statement from the VR and E counselor and runs with it.

It takes a Docs opinion.

Dont let them do this to you and if they do fight it fiercely.

J

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