Confusion99% - New Member Needing Help

[confusion99%]

I just returned from the Veterans Assistance office on base after receiving my decision on claims filed 2 yrs ago. My reason to visit was to discuss filing for IU. I brought with me a copy of a Buddy letter/previous boss stating why I was terminated and described problems I was having at work because of my SC disabilities. I also brought sample letters I was going to have my 3 doctors fill out each speaking of my SC disabilites describing how it is not adviseable for me to work. I also had copies of additional evidence showing how one of my disabilities was under rated.

The individual I was talking to confirmed I had a 60% rating for IHD. I said yes, he looked at the rating decision I handed him. He then told me just file the form 21-8940. He also discouraged me to include ANY OTHER EVIDENCE. He just said "keep it simple". The fact that I had a 60% rating for one problem (IHD) and a total of 80%....that should do it. All this sounds like "misinformation" to me. He just said well if they deny it, then you submit all that stuff in the appeal....Seems like everyone I talk to says to submit bare minimum and then wait for denial and appeal.

My logic.....Send DBQ and letter from Specialist MD who treats me. Precludes them from sending a request for same type info to the Doc. Write a letter myself explaining why I feel my SC disabilites make me unemployable, giving examples of problems with the three problems I cited. (IHD, DMII and Diabetic Neuropathy)...Letter from my former boss (since my company 90% chance will not answer VA request about past employment 5yrs ago). stating problems I had at work and reasons for mutually agreed upon termination.

Now which of us is right. Form only...or form with as much evidence I know they want included with package.....I still don't know what to do.

Any advice and reasons behind it would be greatly appreciated...as I would like to get this filed this week.

[carlie]

I split your post off from the OP's topic.

[broncovet]

I agree with you. I had a VSO, when my father in law applied for pension, tell me not to bother with medical expenses. I stupidly beleived him. In his case his income was about 14,000 per year, but he spent 10,000 on medical expenses, as he was ill with cancer. So, by not filing med expenses he was denied as his income was above the "poverty level", but it would not have been had he deducted medical expenses.

Yours is similar. By your VSO telling you not to bother with relevant evidence, he wants to make sure your claim is denied, so he can then appeal it. Its job security for VSO's by giving you erroneous information, and then you have to appeal.

Always send relevent evidence. NOTHING is simple with the VA. If it is a "simple" claim, they will figure out how to complicate and delay you.

[jbasser]

Actually you currently meet the requirement for IU per percentages. Your issue is to prove unability to work.

Employers wont cut it. They may help but you need an IMO from a Doctor stating why your disabilties keep you from working. They dont need a total they just need a reasonable picture of you. For example this veteran may be able to do some activities but over the course of an 8 hour day it would be impossible.

J

[broncovet]

The VA published an "information" piece, explaining that, just becase you met the schedular criteria for IU, does not automatically mean you get IU. You still have to prove you are unemployable due to SC conditions. To do that, you need a doctors statement (nexus) explaining how your service connected conditions prevent substantial gainfull employment. You also need to demonstrate that you are not working. To suggest that you should not send evidence that you meet the criteria for IU is nuts. Absolutely nuts.

It isnt enough to be unemployed. You have to be unemployable. If you are collecting unemployment, in most states, you have to testify to the effect, "I am ready willing and ABLE to work". This is in conflict with IU criteria, which says you are UNable to work, due to SC conditions.

Edited August 20, 2013 by broncovet

[Berta]

When you received the decision getting you up to the 80%, did the VA consider you for TDIU at that time?

If they didn't what reason did they give you ? (maybe you were still employed then?)

Do you get SSDI solely for your 80% Sc disabilities?

Did Voc rehab ever turn you down solely for SC disabilities?

[confusion99%]

sorry it took so long to get back to this. When it was split off, I lost it and just found it. I'm glad you think I am right in ignoring the idiot about not sending evidence. I know just the percentages is not enough....if it was, it would be automatic, everytime they rate someone with the correct percentages, they would just giveI you IU along with it.

I was not working at the time I filed nor have I been working. I went on SSDI back in 2009, but it was for issues both SC and non-SC, and probably more Non-SC, but that was the lawyers choice on that claim, I really didn't think about it in terms of future VA claims as

I had long ago given up and VA and had not planned on ever filing with them again.

Anyway, I sent in what had a few weeks ago. I had one of the Doc's letters which I sent. I am waiting for another letter hoping to get it this week. One doc declined (that's another story I'll write when I cool off below the kill mode). Anyway, I have not worked since Mar 1 of 09.

Anyway, I will send what I get from him and guess we will see where it goes from there. At the same time I also filed for an incease for DM II to 40%. Have new DBQ from PCP and letter explaining orders for limitations of activities with some of them listed. At least that is the way the letter is supposed to read. Also new claim for tinnitus as I thought that was included in the hearing claim but it was left out and even though it was mentioned in my records a number of places, the VA's eyes couldn't find it either. Of course they couldn't find my TDY orders to Danang either, until I finely found a copy and reopened everything under AO...Amazing!!!!! they found it in my records in only a week after that. I also filed for the upper extremities Diabetic Neuropathy. The C&P examiner rated the lower but told me I would have to get my PCP to do a dbq on the upper, she didn't want to mess with it. So getting that DBQ at the same time as the other stuff from him. (hopefully this week) I have a couple other issues to file, but don't want to mention it yet to my PCP because I have already overloaded him with paperwork....I'll give him a couple weeks after doing this stuff before hitting him with the other complaints.

When they gave me the 80%, they did not send paper work for the IU, nor did they mention it anywhere at all. Don't know why other than the RO decided I could hang with the other working folks.

Now I don't know what they will do at this point. There was an "adminstrative review" opened due to them trying to figure out what percentage to give me on the IHD for time period 2002-2011 as the 60% was only from 2011 to present. Then I sent all this other stuff in. It now shows up as other evidence not requested listed individually under that review claim. Plus the also opened anew claim for compensation. But it is not broken out to the different claims, so I don't know exactly what they opened.....neuropathy? Tinnitus? DMII? or all three.....It doesn't appear they will break it out either, so I stay in the dark for now. Not going to bother with iris, or the 800 number for awhile...since everything seems a few months behind. The ebennies just changed today on this stuff I sent last month.

I'll give it a little time to cook in the pressure cooker before I check anything, Then I'll just try to verify what contentions I have open and leave it at that.