Appeal

[Landluver]

I first filed a unemployabilty claim which was denied. Then vso recomended I file for increase in comp which was approved 6 months later. My question is I belive the denial of unemployabilty was wrong and should have been appealed. I think that with the claim the original unemployabilty claim was reopened which would resulting somewhere around 18,000.$ in back pay.

Should I now appeal the unemployabilty claim, or be glad I'm now 100% t&p?

Thanks Al

[Berta]

Is the SSDI solely for the same SC conditions?

Or better yet is it solely for One SC condition?

Did VA have info from SSDI listed as evidence when they denied the TDIU claim?

"They based the denial only on the 50% low back problems which is the reason I'm not employed now. "

Is that condition specifically what the SSDI is for?

I am looking at this, this way.....

If SSDI awarded solely for the back condition, the SSDI award (if you had it when you file in the past for TDIU and if VA was aware of it)

then VA,in my opinion, should have awarded 100% for the back disability and then SMC for the separate 70% depression with anxiety disorder claim.

100% solely for one SC and then 60% or more for an independent and separate SC disability equals SMC (Special Monthly Comp) under 38 USC 1114.

"Result increase of 20% which got me the 100% rating ?"

That was good and the rep did well here but maybe VA was aware of the SSDI yet that was for more than one condition...???

Actually the 70% depression could be the main issue that is making you unemployable.....

if the SSDI was solely for that, then any increase in your back rating or migraine rating could possibly warrant SMC.....

Are you able to scan and attach the decision here? We need to read the evidence list and their Reasons and Bases.

Did you get a copy of the C & P exam that generated this award?

(cover C file number, name and address before scanning the doc.)

Edited March 18, 2014 by Berta

[Landluver]

Wow!

Overwhelmed!

I need to digest what all you said here.

The unemployabilty rating was prior to ssdi.

Ssdi was for all including back, depression, migrains and more.

No I do not have copies of the c&p or the rating decision, should be able to obtain from vso right? Or do I need to request from regional office?

Al

[Navy04]

Bronken,

Is on the money my friend. You can appeal anything, just remember the VA can always try to get you one way or the other, and appeals can take years, it you would even win. I found a CUE that the VA did a while back, and they would owe me close to 3K in back pay, but just not worth me dealing with the Dang VA. Only you can decide what is good for you. Good luck and God Bless

[bluenote]

Just for clarification, if you file the VA Form 21-8940 the RO should not open up a claim for individual unemployability. TDUI is not a claim. What should have happened is the RO should have opened up a claim for increase or S/C for any disability that you listed in Block 7 as causing you to be unemployable.

[Berta]

"Ssdi was for all including back, depression, migrains and more."

If an SSDI award includes anything ( like maybe the 'more' , that is Not service connected,(I assume()) then the VA will disregard the award as proof of SC causing unemployability.

If VA Voc Rehab ever turned you down solely to your SCs, and documented that, then that is excellent evidence of TDIU or 100% rating.

"No I do not have copies of the c&p or the rating decision, should be able to obtain from (VSO) Veterans' Service Organization) right? Or do I need to request from regional office?"

The C & P results can be requested from the VAMC where it was done.Just send them a letter to their Records Access Officer and be sure to put your C file number on it.

If you go there in person, they might have a form you could fill out instead of sending them a written request.

The Rating info should be attached to the decision... at least that is how they always used to do it...or try the VSO.

I think maybe you have not gotten the actual decision yet, but the VSO told you what the decision was ? If so he or she should have a rating sheet with it.

( I think) I just remembered I didnt get a Rating sheet with my AO decision.

It is the rating sheet and diagnostic codes on it that often help determine if VA made a CUE in a past decision.

[Landluver]

Now I'm tossed as to should I or should I not appeal this. It may have been error of mine or the vso in applying for TDIU. I certainly do not want to risk any decrease, because this and my ssdi are my only source of income. I do not need to go through the stress of nearly losing every thing again.

IDNK!

Al