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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

Aristotle - you do not need to meet the requirements of 38 CFR 4.16(a.) to receive TDIU. Please read 38 CFR 4.16(b.). The only requirement that must be met is that your SC condition keeps you from working. Good luck!

pr

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While I agree with PR "in theory", in practice, I have never met ONE person who was awarded "extra schedular" IU. The VA does not like to award extra schedular IU. They are far, far more likely to either increase your schedular rating, then award IU, or, just award 100%, and forget IU.

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broncovet

If the VR& E counselors are not qualified to make a medical determination then how come they are making a determination whether a veteran is feasible for voc rehab or not?

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