tdiu 100% Unemployability

[Billyboy]

100% Unemployability, I applied for the 100% and was told “Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Service connected disabilities currently evaluated, as 60% do not meet the scheduler requirements for entitlement to individual unemployability”. Then it goes on to explain the 60% for one or 70% combo rule. I’ve been out of work for a year. I had to take my SS early and put a reverse mortgage on the house to make ends meet. Since then I was connected with the 50%, “Major Depressive Disorder (Claimed as post traumatic stress disorder, sleep disorder and night sweats)” and 10% tinnitus. The 60% rating does indeed help. Recently my VA doctor sign the Handicap application for parking and the state of Ca. granted me the handicap card. I doctor stated “LBP + RT Hip pain sciatica + DJD” When he call to tell me about the x-rays he said “severe arthritis of the lower back” Should I re-file for 100% unemployability and if so how should I go about it? Can someone tell me what LBP and DJD means? bill

[Billyboy]

What is SOC or SSOC ?

[LarryJ]

What is SOC or SSOC ?

SOC = Statement of Case

SSOC = Supplemental Statement of Case

(this is where they tell you what, where and why you ain't gonna get nuttin, honey)

[etihwr]

Have you had a Sleep Study done. If you have sleep apnea, depression is a symptom of Sleep Apnea. You should get a MD to write a Medical Nexus Opinion linking Sleep Apnea secondary to your depression. Other issues related to Sleep Apnea are, diabetes mellitus type II, cardovascular disease, stroke, heart attack and death. If you have any of these, get a doctor to do the opinon to link them to Sleep Apnea too! If your rated 50% for Depression and 50% for Sleep Apnea, then you'll be rated 75% (rounded to 80%). You will meet all the criteria for IU.

Check out these links:

http://www.stanford.edu/~dement/apnea.html Look only at page 1. It list the symptoms of Sleep Apnea.

http://www.pslgroup.com/dg/FC0B2.htm This is a small study but a link it is.

Just go to Google and type in sleep apnea linked to (whatever disease you have) and see if there is material out there to support it.

You might be able to get 100% w/o going IU.

[Billyboy]

Peye53 you stated, "By the way if you read the VA regs carefully you will see that your major depressive symptoms and unemployable should be rated 70% minimum. I would low profile some of the issues not service connected with the depression" Is there a place I can go online and find these regs? thanks bill

[Billyboy]

Pete53, sorry about the spelling. bill

Edited August 20, 2006 by Billyboy

[LarryJ]

If I'm not mistaken, they are here, on the hadit board, go to the home page and check.

If not, then google CFR or Code Federal Regulations and look at chapter #38.