Not Sure How It Will Go

[panatech]

Hello everyone, first time posting here. I have started an IU claim back in April 2014, I attended to C&Ps for increase for IVDS, TBI with Migraines, Cognitive disorder and MDD. The C&Ps seemed to go well, the C&Ps functional impact areas were noted as followed:

IVDS: Does the Veteran's thoracolumbar spine (back) condition impact his or her ability to work?

[X]

If yes decribe the impact of each of the Veteran's thoracolumbar spine (back) conditions providing one or more examples:

He would have trouble bending, stooping, climbing stairs. However, he was a contractor working with computers with his job running out March 2014. Therefore, he can work sedentary work like working on computers.

TBI: Does the Veteran's residual conditions attributable to a traumatic brain injury impact his or her ability to work?

[X]

The veteran can function in an occupational environment with his service connected condition of Cognitive Disorder NOS with limitations.

THE VETERANS LIMITATIONS ARE AS FOLLOWS:

Cognitive Disorder NOS:

Work Impact; It may take him longer to process, memorize and learn some types of information. Therefore he should plan accordingly to account for the extra time necessary for him to become proficient in new skills. He should avoid overly stimulating and noisy crowded environment.

On the Cognitive Disorder NOS, the psychologist noted that in his opinion it wouldn't preclude me from securing and following substantial gainful employment.

I also have a letter from an Orthopedic Specialist outside the VA which indicated that according to his observations based on the MRI and I am a candidate for surgery, but also that he would like to exhaust all possible treatment options before conducting surgery because it doesn't work in all the cases. Also the examiner at the C&P explained to me that because I have L1 thru L5 and S1 that she doesn't recommended based on the location of the wedging.

I took the C&P results to my VSO and he said that he thinks that I have a good shot at it. I have personally other VA decisions and seems that VA has awarded IU to cases that were similar to mine, however I also understand that in the VA realm of thins that does not mean much.

I keep looking at ebennies and just working myself to frustration thinking about the possibility of a denial. I have even search around for an IMO (spoke to Dr. Anise and Dr. Busch) and I am seriously considering getting and IMO in order to ensure that there is no possible way for a long drawn out fight.

Any opinions would be much appreciated. But most importantly "Thank You All For Your SERVICE".

[Notorious Kelly]

Welcome, Panatech.

Hate to shell out for an IMO only to find out claim was beyond point where they'd consider it. Maybe save that for if you're denied.

Hopefully others will give more advice.

Good luck!

[broncovet]

Expect your claim to be "top sheeted", and you usually are not disappointed. The doc has opined that your spine injury does not preclude your ability to maintain substantial gainful employment. (SGE)

However, nothing has been noted in regard to your other disabilities, especially MDD, and cognitive disorder.

So, to win benefits you need to show either:

1. That your MDD/cognitive disorder prevents you from maintianing SGE. Or

2. You combination of disabliities prevents you from maintaing substantial gainful employment. That is, the spine injury AND your MDD/cognitive disorders makes it impossible for the "average person" to maintain SGE.

[panatech]

Agree, the IMO will definitely give you "Sticker Shock", but the flip side of that show the ugly side of going to work in extreme pain and not been able to concentrate. I have read that SGE means a job compatible with your current occupation, and that "Reduced Capabilities" and "Sedentary Work" is not equal to SGE.