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

[Philip Rogers]

When I was appealing my claim I used the VA VocRehab office to help me win. They tested me and decided that due to the severity of my PTSD I was "unemployable" and that VocRehab wouldn't help me. It was just one more probative piece of evidence that helped me win.

It would be nice if the VA was really non-adversarial but in real life that's not the case. During my appeal period (1989-99) I lost 2 houses, my 3rd wife gave up and divorced me, plus I had to file Chap 7, bankruptcy. If the VA had just been fair to me I wouldn't be here helping other vets. Stupid VA!!!! jmo

pr

[RUREADY]

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

Gastone, that's the problem I have letter from a Vocational Rehabilitation from SSDI

and VA saying I am unemployable I cover my ass in all claims, I wouldn't even file a claim

unless I cover the basic,(treatment, paper trail and medical opinions and outside doctors

to counter VA nurses). All this you are telling me is old news. VA wont summit a claim for extra-

scheduler for you even if you ask you got to have at least a 70% total rating for IU and that's not what

the regulation read to me from 4.16(b).Anyways I am planning ahead because its VA what my next step if I lose

the appeals CUE OR COURT cue looks good just hope I don't have too go that way.I ant just started this rodeo.RU

Edited December 28, 2014 by RUREADY

[RUREADY]

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.

Gastone wrote, 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.

Gastone you keep believing this VA is not there to help you unless you know how to help yourself everything

you get you will earn it in the long run who in VA will help you or tell you anything it hush ,hush didn't know

about travel pay until a veteran told me don't count on VA for a savior.jmho

Edited December 28, 2014 by RUREADY

[Gastone]

RU: ??? Your ID indicates your 100% SC, what's with the E-S IU claim, is the 100% in the ID wrong? Ru, I didn't understand your last post. My experiences with the VA since 08/2008 up to and including my 06/2014 DRO Hearing IU T&P Award have been more than satisfactory. I do believe that due to my own actions and or inaction's, I caused about 11/2 yrs being added to my final DRO Hearing. All VA employees have been extremely helpful. The only VA Rating Dept employee I have ever had contact with was my DRO Hearing Officer. Seemed very fair and open minded to my arguments. Ya, the fact he decided to clear both my pending NOD's and ended up awarding me everything I had NOD'd gives me a somewhat biased opinion. He seemed to be a squared away dude and didn't appear to be looking for all or any reason to continue my claims denials including the IU P&T Award.

As far as the E-S IU award, as yet no one with any personal experience has chimed in. All you , as a Vet can do, is file your claim and hope the VA follows what ever 38 CFR covers your claim. If your denied, it's time for the Appeal Bus, get on board early or late. That, as all decisions regarding your claim, is up to you and only you.

I await further clarification. Possibly AskNOD can provide some needed insight to your E-S IU referral to Director of C&P Dept. question. The BVA can only award E-S IU after the Director of C&P or Under Secretary has Officially Reviewed and Denied the claim for E-S IU. Before the Director's Denial, the BVA doesn't have Jurisdiction of the claim. Sooooooo it all comes down to who pushes your claim for E-S IU at the VARO? Somebody has to, right? Process of Elimination, your claims VA Rater, His Supervisor ( A Sr VA Rater) or an actual Decision Review Officer. Take your pick, matters not which one finally does it as long as it gets review by the Director, Right. If for some reason it never gets to the Director for Review, the BVA will send it back (Remand) for the Director or Under Secretary's review and possible Award. If denied, then and only then, can the BVA decide the E-S IU issue and award or continue the denial.

Semper Fi

Gastone

[Gastone]

RU: Just went back and looked at 3/15 or 14 post. Your 100% with appeal for earlier Retro and your Attorney is trying for a E-S IU award based on your med records at time of 1st award , right? Good thing you have a lawyer, seems like a stretch but might work. Good Luck

Semper Fi

Gastone

[RUREADY]

RU: ??? Your ID indicates your 100% SC, what's with the E-S IU claim, is the 100% in the ID wrong? Ru, I didn't understand your last post. My experiences with the VA since 08/2008 up to and including my 06/2014 DRO Hearing IU T&P Award have been more than satisfactory. I do believe that due to my own actions and or inaction's, I caused about 11/2 yrs being added to my final DRO Hearing. All VA employees have been extremely helpful. The only VA Rating Dept employee I have ever had contact with was my DRO Hearing Officer. Seemed very fair and open minded to my arguments. Ya, the fact he decided to clear both my pending NOD's and ended up awarding me everything I had NOD'd gives me a somewhat biased opinion. He seemed to be a squared away dude and didn't appear to be looking for all or any reason to continue my claims denials including the IU P&T Award.

As far as the E-S IU award, as yet no one with any personal experience has chimed in. All you , as a Vet can do, is file your claim and hope the VA follows what ever 38 CFR covers your claim. If your denied, it's time for the Appeal Bus, get on board early or late. That, as all decisions regarding your claim, is up to you and only you.

I await further clarification. Possibly AskNOD can provide some needed insight to your E-S IU referral to Director of C&P Dept. question. The BVA can only award E-S IU after the Director of C&P or Under Secretary has Officially Reviewed and Denied the claim for E-S IU. Before the Director's Denial, the BVA doesn't have Jurisdiction of the claim. Sooooooo it all comes down to who pushes your claim for E-S IU at the VARO? Somebody has to, right? Process of Elimination, your claims VA Rater, His Supervisor ( A Sr VA Rater) or an actual Decision Review Officer. Take your pick, matters not which one finally does it as long as it gets review by the Director, Right. If for some reason it never gets to the Director for Review, the BVA will send it back (Remand) for the Director or Under Secretary's review and possible Award. If denied, then and only then, can the BVA decide the E-S IU issue and award or continue the denial.

Semper Fi

Gastone

who forward it to THE DIRECTOR???? I HAVE seen just one claim for extra scheduler

on this board just recently and that's because RO will not request it they want 70% they don't

even tell you about 4.16(b) but glad they taken so good care of you ask someone else how good

they take care of them.