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Soc Leaves Out Main Issue Claimed


BoonDoc
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I kust found my SOC from 5 Feb.2000. They didn't even cover my extra-schedular IU.

I sent in a NOD listing all of my reason and listed my main reason for IU on it. I also disagreed with a reduction of 20% for a SCD, but did not send any evidence .

They put down my SC eczema as not deservicing of extra-scedular evaluation. This was not what I was asking for the extra-schedular rating.

I was living in a little with my family (thank goodness I wasn't in my car agin, or under overpasses again!

Winter is hard on the streets.

I was having so much anxiety from all of this I shut down, and didn't send off the BVA Appeals form to them.

My bust, that time....never again!

Berta is correct in making sure that you read all of the letters/denials and respond within the time limit they set. This cost me years of due comp money, as I have the evidence to prove my claim, or at least on my side of it...I'm sure I'll be denied again, and again.

Boondoc (A little ashamed to sign this one! :lol:

Edited by BoonDoc
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Boondoc, TDIU is based on unemployability. It is not an extra schedular. An extra schedular rating is a rating that you meet if you have maxed out a rating schedule but your condition is actually worse than the rating schedule. This goes for ratings that do not go to 100 percent.

You need to look at everything you have filed, compare all denial letters to the claims filed and look for errors on the VA part. The only way to recoup any lost retro or comp from a final decision is to prove the VA committed cue.

This is pretty difficult to do but of you find the right evidence you may have a chance. If you filed for IU and it was never addressed you may have a CUE there.

Edited by jstacy
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Individual Unemployability is an extra schedular rating. IU is intended to compensate a veteran for their disabilities in the event that there disability(ies) does not warrent a 100% schedular rating and they are unable to secure a substantial gainful occupation.

In some cases the rating schedule does have a 100% schedular rating for certain conditions, however; if the veteran has a disability that does not meet those criteria and is unable to maintain a gainful occupation becuase of those disbilities, then they can be given an extra schedular rating of 100%.

In other cases the rating schedule does not have a 100% schedular rating for certain conditions. One common one that comes to mind is migrains, which I think only goes to 50%. In these cases, if the veteran does meet the maximun criteria for their disability, but the disbility picture paints a more disabling affect such as loosing a job ect..., then a extra schedular rating of IU can be given under sub-section B of §4.16.

In either situation IU is considered an extra schedular rating because a veteran that does not meet the 100% schedular criteria for a disability can be paid at the 100% rate.

Vike 17

Edited by Vike17
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All great advise here for you Boon-

consider the CUE potential on that SOC- CUE info is all at hadit-

And Terry has a very valid point too-

I just read a BVA case where the veteran did not file a NOD in time but his vet rep-on a 646 suggested that was the NOD too-in the 646 and claimed the veteran's psychiatric disability caused the lack of proper filing.

With valid proof that you were homeless and probably did not have a mail box-

the VA would have to consider thia factor- Terry made a good point-

In any event-whatever you claim presently must fulfill what the VCAA letter and Notice specified.

There is no time limit on filing a CUE claim.

Edited by Berta
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This thread is over 365 days old and has been closed.

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If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

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