tdiu Tdiu Extra Schedule

[RUREADY]

Do anyone know whether there is a va regulation that say " the RO cannot

ask for your claim to be consider or ask for extra-scheduler. I know I read this

somewhere but cant find where. A BVA judge has to do this be consider as such

.extra-scheduler

Edited December 25, 2014 by RUREADY

[Gastone]

RU: My Evelyn Wood Speed Reading isn't working or I haven't had enough coffee yet. The last sentence of your post clarifies the restrictions placed on the BVA. The BVA can't Award E-S IU unless it has already been reviewed by the C&P Director and DENIED. The only way it could have already been review by the C&P Director is, the original claim was advanced to the C&P Director for Initial Consideration of a E-S IU Award by the, original rater, Sr Rater/Supervisor or actual DRO and DENIED. This makes sense to me, what do you think?

Semper Fi

Gastone

[RUREADY]

RU: My Evelyn Wood Speed Reading isn't working or I haven't had enough coffee yet. The last sentence of your post clarifies the restrictions placed on the BVA. The BVA can't Award E-S IU unless it has already been reviewed by the C&P Director and DENIED. The only way it could have already been review by the C&P Director is, the original claim was advanced to the C&P Director for Initial Consideration of a E-S IU Award by the, original rater, Sr Rater/Supervisor or actual DRO and DENIED. This makes sense to me, what do you think?

Semper Fi

Gastone

The only way it could have already been review by the C&P Director is, the original claim was advanced to the C&P Director for Initial Consideration.

that's my question who advance it to the Director the RO or does it come from BVA

the RO would not advance minds so that's why its at BVA. A back disability has 40%

rating. SSDI says my back alone made me disable va says its only 40% disable making

me to find some more disabilities or secondary condition to get to 70% or unemployable

VA has evidence I was unemployable but only granted it after filling more claims to get at 40-30%

They should have advance years before but instead made me get 70% rating and then grant TDIU

when they should have went to the Director as soon as they saw I was not working. it takes years to fill and get

approve on claims that's why I want to know who call is it. RU

Edited December 26, 2014 by RUREADY

[Philip Rogers]

PR: Thanks for the quick get back. This is a very interesting issue, more time researching & discussing is warranted. The Vet I'm talking to is 50% SC PTSD. He's fighting for 70. This guy is a 70+ in my lay opinion. I've been trying to get him to do an E-S IU claim, can't hurt and might get him 100% pay a hell of a lot quicker than his 1 yr pending BVA claim for the boost to 70. Tuff getting him to concentrate on the BIG picture.

Thanks

Semper Fi

Gastone

Gastone - back before '96 they had a reg, 38 CFR 4.16© that allowed a claimant a 100% rating, who was 70% and solely disabled for a mental disorder. They changed this, in Oct or Nov of '96, because (in my mind) they were awarding too many 100% for PTSD.

Your claimant should request an increase in his PTSD rating and request an ES TDIU rating. If his original rating, of 50%, is within the one yr appeal period he should go that route rather than requesting an increase.

They started me at 30%, in '89 and after 10 yrs and 5 month of appealing, awarded me 100% retro to my original claim date.

jmo

pr

(under § 4.16©, a mandatory 100% rating was given when “the only compensable service-connected disability is a mental disorder assigned a 70 percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation.”)

[Gastone]

PR:That all make sense and sounds reasonable to me. A vet by virtue of the 70SC rating for PTSD or possibly any other mental health issue is experiencing major chronic symptoms that would by DX cause a Serious employment handicap.

My friend is fixated on the 70% BVA claim. Just doesn't get the importance of the possible E-S IU Award. I've gone so far as to discuss his situation and a possible E-S IU filing with his DAV-Rep at the local VAH. She agrees he should file the claim but can't do anything without his direction. It appears that "I can lead him to the water, just can't make him drink." Earlier this yr he was in a VA Treatment center for about 4 mos and called me during his 2nd month. I got his local DAV Rep to get a Rep at the center he was in to contact him, which led to a temporary 100% SC request. I don't know if he has received any paper or $$ from the Temp Rating request. My line of thinking for having a Temp 100% request submitted, besides 100% $$ for the 4 months, just MAYBE a rater would see how screwed up this guy is and put in a E-S IU request to the MFIC-Director, worth a shot. The old "only time will Tell," right.

Semper Fi

Gastone

[Gastone]

RU: There is VA Rater's Reg about reviewing and consideration of SSDI Awards. This is my "Readers Digest" take on it. SSDI is all or nothing, no percentages. If your 1 condition makes it impossible for you to work at your old job, you usually get awarded on Appeal. They don't take into consideration Sedentary work or is there any employment that your capable of, that would provide "Gainful Income" above the VA's magic $12,???.00 threshold. In short, the VA is telling you, you don't qualify for an E-S IU award based on your single 40% SC rating. All of this is strictly my opinion based on different readings over the past 2 years.

In your current situation at 40% SC, you can't just start pulling SC conditions out of your Axx, right. What to do??? I have had personal hands on experience with the VA Vocational Rehabilitation Dept on 3 separate occasions over the past 3 years. I got a Voc Rehab Denial Letter stating that I wasn't able to complete the program do to my current SC conditions back in 2012. This letter helped me get a DRO Award of IU T&P this past 06/27/14. During the hearing the DRO told me that the VA Voc Rehab letter is one of the best "GOLD" pieces of evidence to support an IU claim that a VET can provide. The VA Voc Rehab Councilors are the VA Professionals, if in their opinion your SC conditions preclude you from doing any job that would provide you with "Gainful Employment Income," it's a done deal. The Rater or DRO has to go along with the Voc Reh Department official Denial. They're the Employment Specialists.Think about applying to Voc Rehab, a Denial Letter might just get you IU.

Semper Fi

Gastone

[iceturkee]

RU: Merry Christmas. Extra-schedular IU? I've done a little research on this for a Vet friend with a 50% SC PTSD rating that is currently locked into a BVA appeal that I don't think he will win. With that said, my limited knowledge of E-S IU is as follows: Any time a Vet's SC conditions make it impossible to obtain or continue "Substantially Gainful Employment" the Vet can request an E-S IU rating. Keep in mind this only pertains to Vets that don't meet SC % for a regular IU claim. The E-S claim can only be decided by the "MFIC," Director of Compensation & Pension. I'm fairly certain that the VA Rating Dept would review a Vet's new application for E-S IU before submitting it to the Director for his final decision. What about a recently awarded initial claim that there was no mention by the vet for a request for E-S IU award, you might ask? I think it all comes down to Evidence submitted and in the hands of the VA Rater at the time of Award or Evidence received POST Decision that would Trigger the automatic VARO Review of the Recent Award/Denial. If at the end of the review the Sr Rater or DRO determines that the Disability picture indicates the need for an E-S IU award, it would be advanced to the Director for his/her Decision. I could be all wrong on this, never read anything from anyone, that had an E-S Award.

Keep in mind, VA regulations require the VA Rating Dept to View all Vet Comp claims as a request by the Vet for any and all Comp Benefits that the Vet is entitled to. Vets don't need to ask for any specific benefit, it is automatically understood that Your asking for everything, including E-S IU if your Employment and Medical evidence supports the Award. If you think you have a E-S IU claim, file for it and be sure the VA has all the Employment and Medical Evidence in their Hot Little Hands.

Semper Fi

Gastone

i am 60 percent (40 for my back and 30 for depression). but when awarded IU, they rated me on schedule based on the fact my chances of remployment were none to none. i had my college degree before i enlisted; i served as a print journalist in both army and navy and as a civilian. plus the orthopedic doctor who did part of my c&p, said my service connected conditions precluded me from working.