Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

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

Rate this question


Limekiln Vet

Question

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!

Link to comment
Share on other sites

  • Answers 29
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

Thanks US Vet and Berta! It is still a dream. I was on my way for vacation with my son, to Vegas of all places, when I saw the 25k check in my account. Talk about celebrations!

Berta, I am interested in the ChampVA for my wife. She wants to keep all her doctors, etc. And we have "Obamacare" for her right now, with premium at $100/mo, $50 deductible already satisfied for this year. I think we will get her signed up for champva and just keep both for awhile until we sort it out.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Since you have a 100% scheduler rating from the VA I would go seek treatment at the VA for your SC conditions. Even if they just give you pills and skin creams I would accept them if you use them or not. You want to show that your conditions that are making your 100% are chronic and seeking treatment at the VA is a good way to do that. Be sure and complain about your aching back and your skin conditions. If you have AS then I bet your back hurts. If they ask you how bad it hurts always say on a scale of 1-10 you are at least at a 7 and a 10 without medications. What kind of pain meds do they give you? I have a problem with my cervical spine, lower lumbar and neuropathy in my feet. Any chance I get I complain about my pain and the VA will give you plenty of chances. I still think a potential rating for Chronic Pain disorder should be considered. This covers you for physical and mental/emotional disability. The VA cannot xray your mental health, so that is just another fall back position in case they get reduction happy in the future.

John

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use