Your Claim Is Currently Being Forwarded To Va Central Office In Order To Make A Determination On Iu Based On Extra Schedular

[Limekiln Vet]

As the topic title suggests, that is the latest status of my claim. I applied in Dec. 2008 for various claims, was denied for all except 0% for a skin condition and I appealed the most important one, that of Ankylosing Spondylitis which they said was not service connected. It goes back to my service from 1977 to 1985, and was quite difficult to make the nexus.

Around December of 2012 I won the appeal, and was awarded 30% for AS. And the skin condition claim was remanded back by VBA. Then in April 2013 I was awarded various percentages for the skin conditions, 50%, 10%, 10% and 2 at 0%.

So I was then 70% combined. I then opened a new claim for IU, I have been unemployed since 2002 due to the AS. I was approved SSDI specifically for the AS, and also have a small amount each month from a LTD claim, all going back to 2002.

My thought was that now I was 70% combined, with at least one at 40%, barely squeaking into what I considered to be eligible. Around 8 months into the latest claim (February 2014), I was notified of this current status since AS being the cause of my unemployment was not the 40% rating, only 30%. I considered this rather postive, but now my research here and other places indicates to me that approval of such claims are almost non-existent, i.e. IU via extra schedular.

I had what appeared to be a very positive C&P exam in December 2013, and the VA has absolutely everything they need, such as all the Social Security information, and LTD records, and I receive ongoing treatment for AS up to and including just having started Humira. And I also had open heart surgery at the VA hospital in October 2013, which probably has nothing to do with this claim, just mentioning it.

So what does anyone think? Am I right in concluding this is a nearly impossible claim to win? It has been about 6 weeks since it was forwarded, does anyone have a sense of how long that step might take? And finally, if approved what should the retro date be? I think there is a case to suggest it should go back to December 2008, since until the appeal was settled I was unable to make the IU claim. Thanks anyone!

[Berta]

I am putting a link to this whole topic into the Claims research Forum...hopefully to get more comments....

"What does the VA have to gain by such conduct?"

In my opinion, they do this stuff to cover up their incompetence and also to attempt to appear to reduce their specific RO backlog figures,.

I think they made a cllear and unmistakable error here.....

You have not only picked up on how ridiculous this decision is, you and I are thinking now that,in fact, your disability is not such an "exceptional " picture to warrant VACO consideration.

I think the VA in DC would remand this back to the VARO---adding more time to the stall...

I will go over everything here again today....after others hopefully chime in...and then prepare what I think is the best avenue of attack....a GCY claim.

NVLSP already gave me some support for a "Go Cue Yourself VA " claim I had.filed, after it worked, as they had never cionsidered a claim of that type....when my AO IHD claim was denied, then swiftly corrected,only because I prepared this unusal type of claim VA had never seen before.....there are no regs for this type of claim but it sure has worked for me.....

In another instance regarding the AO decision, they ( a diffferent VARO than mine regular VARO (Buffalo) awarded a CUE claim I had pending for almost 8 years.)

Since the Phila AO VARO people could read, they awarded that claim in a mere 3 weeks.

MANY here I think would agree that VA either uses deliberate stall tactics or they are simply incompetent in preparing many of our decisions.

The astounding backlog is due in part to both of those 2 reasons,in my opinion.

I can certainly attempt to help you fix this.

But I hope others opine here as well.....because this crap can happen anyone here...

(what am I saying!....... I have seen it happen here now for almost 16 years....some decisions are correct....but too many arent and they force the vet onto the hamster wheel of the claims process....for years, often due to an initial error in the decision.

[Berta]

bumping it up

[john999]

I would try and get a depression claim going due to all the pain and disability. If you can get that claim up to 50% then I don't see how they can deny your TDIU claim. I don't see how they can deny you for the AS since SSD has said that makes you completely disabled. I was rated 70% for a single condition and the VA denied my first TDIU claim, so they can do anything. I was on SSD and LTD for the 70% condition when I was denied. I got numerous IME's to beat that.

[john999]

I also remember that VBM describes a vet who had TDIU referred for a skin condition. If you skin condition creates a barrier to employment that should be a referred claim for TDIU.

[Berta]

John you are right as to the skin condition but SSDI already awarded this vet for the AS.

and they also awarded (due to Extraschedular Consideration) years ago -TDIU to a vet whose feet smelled very bad.

They Sced the feet smell at a low rating but VACO found this sole disability prevented him from substantial employment.

I think we might even have a link to that case here.

[Limekiln Vet]

I feel very sheepish about the award I got for acne and scars at 50, 10, 10 and 0. I never saw that coming,my objective was to bumb the original 0 up to 10. I think I lucked out by getting a very favorable C&P exam, because 2 or 3 exams before on that claim were not favorable. The claim was stalled I think because the very first C&P examiner labeled the condition as hydradenitis, which appears to be a very narrow category in the schedules. Then in my appeal I pointed out that acne and scarring categories would be more applicable.

My point is I don't want them revisiting the award. But yes, I get swollen outbreaks in my armpits which cause pain and inability to use the arm, the problem has always been no exam ever coincided with an outbreak, but I did go to the emergency room once.

I was 53 when I started my first claim and will now be 60 this year, and yes I am depressed, mostly because of my fixation on this claim, it captivates my every waking hour. Checking ebenefits twice each day has become a ritual. They now have set an estimate for completion on ebenefits for 9/03/2014 to 3/25/2015! The claim date is listed as 7/30/2013, although I now question whether this is a new claim at all, and whatever happens I consider this claim to be ongoing from the December 2008 claim which was essentially the same.