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Individual Unemployability

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eversteve

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Hello,

I am 60% service-connected with my largest percentage being in the mental health area. I applied for IU and had a few questions about the process and my chances of approval. I was recently approved for Social Security Disability retroacted from my onset date of April 2011. There findings were solely based of my VA medical records. I was also recently deemed unfit to continue with vocational rehabilitation, because of the problems with my illnesses and learning disabilities. My vocational rehabilitation counselor has written a letter of insolvency that was sent to the VA.

Given the fact I was approved for SSD based off my VA records and can't complete vocational rehabilitation, are my chances pretty favorable for IU? Also, does anybody know what the C & P's are like with an IU claim. I would greatly appreciate any advice, help and guidance anyone can provide me. Thank you!

Steve

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You did not post the one opinion which matters most: Your docs. Did he/she say, to the effect, you are unable to maintain substantial gainful employment due to SC conditions?? If he did so state, your chances are good. If not, you are likely going to need an IMO/IME to get IU.

This being said, I agree with Berta that SSD's interpretation of your medical records, that is, them awarding SSD for SC conditions, is important, maybe even probative.

I have the same issue and apply for IU but I am only 10% but my Doc wrote my Nexus concerning me not able to maintain gainful employment upon decrease range of motion in my back and Knees now I am awaiting for a decision on this matter and now in the rating phase what are my chances for IU with a 10% can I go from this percentage to what?how do I stand/

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Your chances for IU with a 10% rating is just about impossible!

However, it sounds like you are currently waiting on a decision for a claim for increase on back and knees? If your back and knees are totally shot, with neurologic problems (radiculopathy) and all are sevice connected and rated properly you will have a much greater chance. The problem with the doctors statement about bending and lifting is there are a whole lot of jobs that a person can do that don't involve lifting or bending.

Best regards,

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Your chances for IU with a 10% rating is just about impossible!

However, it sounds like you are currently waiting on a decision for a claim for increase on back and knees? If your back and knees are totally shot, with neurologic problems (radiculopathy) and all are sevice connected and rated properly you will have a much greater chance. The problem with the doctors statement about bending and lifting is there are a whole lot of jobs that a person can do that don't involve lifting or bending.

Best regards,

why it's impossible their is a rating call IU chapter 4.16b why I cant go from 10% to 100% my back and Knees are shot I know everyone is stuck on you have to have one disability rated at 40% to be considered IU thisis where I question this decision because you can be rated according to CFR 38 4.16b this is why I take time to read the regs because I cant maintain gainful employment thanks for your response.

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I did not say it was impossible! I said it was "just about impossible"!

If your Doctors opinion states you can't work because you cannot bend or lift, that may prevent you from working a current job, but that fact does not automatically give you an entitlement to IU.

Have you filed for SSDI? a win in that system(for the same condition) will be a positive evidence on your VA claim.

You are correct that even a 10% rating, if it prevents you from being able to hold a job (a job, not necessarily a job you currently hold), it should give you IU, as an extra-schedular rating. The VA system is also supposed to be a non-aversarial, pro-veteran, paternalistic system!

You state your back and knees are shot. If your back and knees are both service connected a 10% total rating seems incorrect.

You cited a section of the CFR in your previous message. Have you looked at 38 CFR, Part 4? It will contain the schedules used to rate the knees and back. You need to first make sure the ratings on your knees and back are appropriate. I do not see how you can have a rating of 10% if you have severe service connected disabliity to your knees and back (my back alone is 52%, a 40 and 20). Get your individual ratings fixed first and then your argument for IU will have some traction!

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Schedules for Spine and Knees (no notes)

General Rating Formula for Diseases and Injuries of the Spine (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): With or without symptoms such as pain (whther or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease Unfavorable ankylosis of the entire spine 100 Unfavorable ankylosis of the entire thoracolumbar spine 50 Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine 40 Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine 30 Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis 20 Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height

The Knee and Leg

Rating 5256 Knee, ankylosis of: Extremely unfavorable, in flexion at an angle of 45° or more 60 In flexion between 20° and 45° 50 In flexion between 10° and 20° 40 Favorable angle in full extension, or in slight flexion between 0° and 10° 30 5257 Knee, other impairment of: Recurrent subluxation or lateral instability: Severe 30 Moderate 20 Slight 10 5258 Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into the joint 20 5259 Cartilage, semilunar, removal of, symptomatic 10 5260 Leg, limitation of flexion of: Flexion limited to 15° 30 Flexion limited to 30° 20 Flexion limited to 45° 10 Flexion limited to 60° 0 5261 Leg, limitation of extension of: Extension limited to 45° 50 Extension limited to 30° 40 Extension limited to 20° 30 Extension limited to 15° 20 Extension limited to 10° 10 Extension limited to 5° 0 5262 Tibia and fibula, impairment of: Nonunion of, with loose motion, requiring brace 40 Malunion of: With marked knee or ankle disability 30 With moderate knee or ankle disability 20 With slight knee or ankle disability 10 5263 Genu recurvatum (acquired, traumatic, with weakness and insecurity in weight-bearing objectively demonstrated) 10
Edited by 71M10
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