tdiu Tdiu Topic Needs More Opinions

[Berta]

I hiope others chime in here on this one.....from the TDIU forum.

I have read the VA FL 13-13 full of VA double talk and still cannot believe how they are handling this vet's claim. ....if they even used the Fast Letter..

because either I am going nuts or their incompetence in this decision has raised to a level far beyond most of the usual stupid VA stuff I see.

[Limekiln Vet]

Berta said "Just a draft...I have to add the citation info and maybe throw in a M21-1MR citation"

Were you going to make changes to the document?

[Berta]

I was going to add something from M21-1MR that is within the M21 citation you quoted here....

(M21-1MR, Part IV, Subpart ii, Chapter 2, Section F) or within another section of the M21 manual.

I recently had my PC updated and cannot open the M21 download at all. All my stuff was put into Word so I need to get OOO installed again.(Open Office Org)

It would have just been a reiteration of what the VA knows anyhow.....

I think the above draft contains enough for them to look into the situation the IRIS revealed. It would be good to send them a print out of the IRIS.

"I hestitate to declare it is probative, because he did not base the form on an exam done by himself, but merely on history and possibly VA records he had access to."

I wouldn't hesitate at all to use it as supporting evidence. You have evidence of P & T (Permanent and Total). If VA awards you (and I dont see how they could deny when they do the claim right) your dependents would be eligible for CHAMPVA ( Civilian Health And Medical Program) a wonderful benefit , as well as Chapter 35. VA paid for half of my degree from AMU under Chapter 35....a Fabulous benefit for any eligible dependents you have, as well....

VA is quicker to consider anything a VA doctor documents, then anything from a real (non VA) doctor.

If I have time I will download OOO and try to open M21 but I think you have more then enough to get them to consider what appears to me , to be legal errors in the IRIS rendition.

Seeing A copy of that C & P would sure help though......because we can only base our opinions here on what is posted and also what is attached as a download.

The C & P could even be favorable for the AS, but they seem to be hinging themselves on the skin condition....and at this point, I am questioning the literacy ability of whoever is handling your claim.

Can anyone else here check out the TDIU section of M21-1 MR for this vet as to how they determine TDIU? There are more parts than the one above....

and be able to open it with Office Org,and copy and paste here a specific citation this vet could use?

Would anyone be willing to read the FL 13-13 and see if the VA somehow is using that Fast letter to screw around with his claim?

I am emailing NVLSP today to see if their FAst Letter (that came out after they went to press last year) has altered in any way their consistent statement in the VBM, 9and in all basic VA case law 101 ) that any veteran who is unemployable (via medical evidence) solely due to SC )is therefore

TDIU.

[Berta]

Can you tell me,Limekiln Vet, of the exact breakdown of your SCs......

30 % for the AS and I assume 40% solely for the skin disorder.....

But can you clarify this statement you made here:

:"Then in April 2013 I was awarded various percentages for the skin conditions, 50%, 10%, 10% and 2 at 0%."

Do you mean that was all combined to a 40% skin rating?

I need to clarify that for NVLSP.

[Limekiln Vet]

It is 30% for AS, 50% for scarring of the head, face and neck, 10% scarring of the posterior trunk, 10% for hidradenitis with acne and 0% again for acne. They result in a combined rating of 70%.

To clarify, there is one single rating of 50%, and other single ratings of 30,10,10 and zero, none of which results from a combination.

Edited March 31, 2014 by Limekiln Vet

[Berta]

OK, it is due to the skin condition that they want the Extraschedular consideration......

If that was the only SC you have then it would make sense, as to what the did proposes to do...

But still they have the SSDI and LTD info.....so they could award TDIU on that basis at the RO,instead of even going to VA Central.....

Do you feel the skin disability prevents you from adequate employment?

I am giving NVLSP what I understand here from your posts, that the SSDI is solely for the AS and the SSA determination does not consider the skin disability?

Is that correct?

[Limekiln Vet]

Yes, the skin condition was not a matter of record back in 2002 when SSA awarded benefits.

I've never claimed that the skin condition prevents employment. However, from time to time I took family medical leave due to the skin condition for bad outbreaks, but I never wanted to muck up the issues by claiming it interferes with work.

In a way I understand what the VA has done, and now it appears there is more than one way for them to make a decision, neither of them necessarily resulting in errors of process.

I am not ready to say that the way they are handling this has anything to do with the skin condition ratings, it seems to be their position that because the AS disability I am claiming prevents employment, and it is only rated at 30% then they have to go extra schedular.

Then I was surprised to learn that almost never is an extra schedular award granted, and that brought me to my OP trying to get an opinion.

It appears that I may have a scenario that is not contemplated by any of their rules or guidelines., i.e. "if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more." §4.16

In my case I fit that scenario for multiple ratings adding up to 70%, with at least one at 40 percent, but they have chosen to add a new rule, which is not currently stated. They have pointed out that yes I meet the rules, BUT the disability that is at least 40% is not the reason I cannot work.

I don't know, it starts to sound like all gibberish. It is like the guidelines never contemplated that a vet might have multiple ratings and one or more of them DO NOT result in unemployability, but one does.

Edited March 31, 2014 by Limekiln Vet