tdiu Tdiu/iu/unemployability

[Veldrina]

....or whatever u wanna call it. We've received Fast Letter 13-13, which states that VA will no longer presume a claim for IU is a claim for increase in ALL s/c (service connected) disabilities. From now on you must specify which of your condition(s) is causing your unemployability AND you must submit a VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability. If you do not submit a completed & signed form, we are denying your IU. If you do not fill in which of your disabilities is causing IU or otherwise identify which ones (whether on a separate paper or VA Form 21-4138 Statement in Support of Claim, we are denying your claim. Just figured I'd give u all a heads up. I've included the actual Fast Letter, but figured I'd put it in "English" first.

[63SIERRA]

I do not have a scanner at the moment but I can transcribe what it says exactly.

Current combined disability ratings and date service connection granted:

Bilateral hearing loss 10% 1998

Scar right knee 0% 2013

Right knee instability 10% 2011

Tinnitus 10% 1998

Right Elbow Tendinitis 10% 1998

Left Elbow Tendinitis 10% 1998

Residuals of discectomy of right knee 10% 1998

Residuals of anal sphincterotomy 10% 1998

Skin Rash 30% 2012

Lumbrosacral strain/degen. Disc disease 40% 1998 (increase 2011)

Bowel leakage 50% 2009

Total compensable rating 90%

The rating decision for TDIU says:

=Begin=

"The claim for individual unemployability is considered reopened. Entitlement to individual unemployability remains denied because the evidence does not show that the claimant is unable to secure or follow a substantially gainful occupation as a result of service connected disabilities.

We have considered but denied entitkement to individual unemployability. Individual unemployability is granted when a veteran is unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. A review of your 21-8940, Application for increased compensation based on unemployability shows that you indicated that lower back disability prevents you from substantially gainful employment. A review of the documents that you submitted shows your history of back pain and treatments with the recommendation in 2000 for physical therapy which the examiner stated you would benefit from. The vocational evaluation dated December 2010 from XXXXXXXXX M.S, C.V.E. shows that in his opinion that a combination of your service connected disabilities would prevent you from engaging in substantial gainful employment.

A review of your service connected disabilities examined shows the examiner stated you could perform other work not needing fine control based on the elbow and forearm exam. The knee and lower leg exam shows the examiner stating may be fine for work in which he is sitting. The examiner showed no impact on your ability to work as a result of your back disability.

A review of your current disabilities based on the exam results shown some improvement in your lower back, left elbow, and your hemhorrhoid disability, the improvement does not warrant a reduction at this time as the disability has not shown continued improvement however based on the evidence service connection for individual unemployability is is denied."

=end transcript=

That is the pertinent part. They never mention the 50% bowel leakage or the 30% skin rash in their decision, or tinnitus/hearing loss. Before they always looked at everything.

The physical therapy they mention in 2000 for his back? He did that for 6 weeks, it caused his pain to be 10 times worse and he stopped, then spent 9 days off work on bed rest. They somehow skipped that part and it was in that same evidence.

The QTC examiner who did the exam in October is a Family Practice doctor at our local clinic. He asked about tendinitis in both arms, back pain, knee pain and examined the knee scar. Had him sit, bend, stand. No measuring devices used. An x-ray of his back was taken. We do not have a copy of the exam.

The QTC examiner in did NOT perform a physical hemorrhoids exam - he asked about hemorrhoids and was told "Yes, they are constant and some days worse than others. Some bleeding on bad days." He made a note and said "OK, that's it." I was in the room with them.

I have accompanied him to dozens of QTC exams over the years and this one was a joke.

No idea where this "recent improvement" idea is coming from. The primary care doc at the VAMC just sent 8 more boxes of hemhorrhoid medication after his exam in September, re-did his prescriptions for pain meds and muscle relaxers for his back. He mentioned no improvements. Just picked new, stronger hearing aids last week.

This whole thing confounds me. I have seen a lot of ratings decisions over the years but never one like this. So frustrating.

Thank you for trying to help me figure this out.

"A review of your service connected disabilities examined shows the examiner stated you could perform other work not needing fine control based on the elbow and forearm exam. The knee and lower leg exam shows the examiner stating may be fine for work in which he is sitting. The examiner showed no impact on your ability to work as a result of your back disability."

wow they are really digging deep to deny,..I have a bad back and can tell u most with back problems, cant stand, sit or walk for long distances or times, we must keep shifting sometimes go lie down, .... . Surley his back hurts when sitting as well, but they change the subject, and drift off to the knees and lower legs, , they know what they are doing, they did the same thing to me., they dont have any new tricks. also the legs assist in supporting body weight EVEN while sitting , so if he cant support his weight adequately, it will affect his back.

Tell the va rater to try and sit in thier damned chair all day, and not let thier feet hit the floor. Iet they cant.

wow they are really digging deep to deny,..I have a bad back and can tell u most with back problems, cant stand, sit or walk for long distances or times, we must keep shifting sometimes go lie down, .... . Surley his back hurts when sitting as well, but they change the subject, and drift off to the knees and lower legs, , they know what they are doing, they did the same thing to me., they dont have any new tricks. also the legs assist in supporting body weight EVEN while sitting , so if he cant support his weight adequately, it will affect his back.

Tell the va rater to try and sit in thier damned chair all day, and not let thier feet hit the floor. I Bet they cant. i BET AFTER A FEW MINUTES THIER BACK WILL BE BURNING.

Edited November 30, 2013 by 63SIERRA

[Notorious Kelly]

Hey Veldrina! Always good to see ya!

[Veldrina]

hi kelly! :D

[Navy04]

VA low balling us Vets as usual. What irritates me the most is that if a Vet is trying to file a false claim the VA should be able to spot it a mile away. But when Vets like us have factual claims we have to fight for what little the VA is going to give us, with all are strength and what little if any knowledge we have gained about the Claims process. Why do we have to keep fighting, damn it, I left OIF/OEF, and yet here we are still fighting the battles to maybe never when the War. I am so sorry I rambled on guys. I have been so emotional lately. My Wife, questions why we give up so much for a Govt that uses us and then they toss us to the street, like me being forced to Medical Retirement last year. God bless to all, and may we all have a better year than the last.