Extra Schedular Iu

[broncovet]

According to my RO director, I am being considered for extra schedular IU. This is in no small part because it was required by the BOard.

I dont think they are going to be able to deny me because "my case is not so unusual, with long periods of hospitalization, etc." because the board required Extra schedular consideration. So, I have already met that threshold.

Once it makes it past the RO to VACO, I am going to assume the competence level is higher (but that may be incorrect). They may even run the decision by the legal team to see if it passes the smell test. I have the evidence...two VA docs..I dont even need IMO's.

Since this is a remand, they will have to issue a SOC if denied. (Also required by the Board). Then it will be back to the BVA.

Ask nod pointed out the RO "doesnt want" to grant 12 years of retro, so that only happens at the appealate level. I have no doubt this is correct.

My question is has anyone won Extraschedular IU, and, if so, how did you do it?

[Buck52]

broncovet,

if they grant you TDIU P&T I Believe your entitled to all your retro even if it was on a remand, the date you filed for increase should be your EED....This is of course they award the TDIU P&T.

If they don't award the P& T

Appeal the decision. because there low balling you by not awarding the P&T

P & T makes a big big difference as for as your retro.

RO level can and should expedite the TDIU P&T

JMO

.....................Buck

Edited May 23, 2015 by Buck52

[ketchup56]

I'm currently at VACO per my regional office director email yesterday. The director directed her staff to submit eed for tdiu. The Oakland regional office shorted me 13 months of tdiu by establishing the incorrect effective date of tdiu. It's always good to have either the varo or bva establish vaco consideration, as that indicates that the evidence needed for an award is already there. HOWEVER vaco usally denies anyway based on some stupid reason. Therefore you still remain in appeals status and must appeal that decision to the board. In your case that part is done. It will just be returned to the board for final approval. Why this procedural step is needed is beyond me and the courts. SEE BENNETT V. SHINSEKI. ...Great case.

[Philip Rogers]

Evidence. A case, I won, involved a VN veteran, w/a skin condition, for which the max allowed was a 50% rating. He'd been to his Congressman, twice, for help, and the VA responded, both times, that 50% was the max allowed, for that condition. At the time, I assisted him, he was receiving VA pension, as it paid more than the 50% compensation rate. We requested an extra-scheduler TDIU rating, based on the fact that the skin condition required dressing changes a few times daily and that the condition caused a noxious order, that bothered coworkers, when he was working. The BVA agreed and awarded him roughly 42 months of retroactive payment. He chose not to appeal, as he didn't want to rock the boat. That was too bad, as he could have probably won another 10yrs retro.

The good thing about VACO is that they know how to read and apply the law. For the most part, no VA employees ever read past the previous employee's decision, assuming they did everything correctly. Also, they get paid based on "work product completed," not work product completed correctly. Actually, it's a wonder anyone ever wins a claim at the VA!!! jmo

pr

[broncovet]

Thank you for your encouraging responses. I was lowballed at zero percent, even with evidence of unemployability. I have heard this before. The RO's "dont like" to ask for extraschedular IU from VACO, in no small part, because there is nothing in it for them.

I think you are right, Ketchup. The BVA would not refer TDIU for extra schedular consideration, unless there was evidence. Otherwise, they would just deny it. Its an error of law, called "developing to deny". It happens when there is already evidence to grant, and the VA keeps doing things like ordering c and p exams in an effort to find an excuse to deny.

PR, If I get what you are saying he won extra schedular IU, but then did not appeal the effective date? What a shame, but I kind of understand. The VA wants us to devote our life to try to win benefits. They try to pretend its...fill out an application..and, if you deserve your benefits, they arrive in 125 days, with 95 percent accuracy.

Sometimes, I think its a lottery. The VA picks maybe 4 or 5 claimants, per day (after 4 or 5 SC Vets die) out of a pool of thousands, to "win". Probably most/all of the thousands of claimants deserve benefits, but they dont have the money for more. So, they pick 5 lucky ones, then have an office party.

[Philip Rogers]

broncovet - yup, he didn't appeal for an EED, which is a shame. I think he could still win, on a CUE, about $160k, but I've lost contact w/him and have no desire to assist him, any longer. I do know he was the claims guy, for the local VFW, and sat at the local VFW bar all day long sipping beer. He also received a DUI within 4-6 months of winning his claim.

I assisted him and another vet, who lost his big toe, to an enemy bullet, in VN, win TDIU. Who am I to judge! jmo

pr

[Gastone]

Easier to ask then go back and read previous posts. Are you or have you been rated as 100% SC Scheduler for a period of time? Your ID indicates 100, scheduler, or recent IU?

The Extra-Scheduler review by VA Rating Dept Director, my understanding is for Vets that aren't eligible for an IU scheduler award.

Clarification if you have the time would be appreciated. I'm sure that you meet all the other IU criteria (SGI less than $12,400 and unable to do even Sedentary SGI producing Employment) due to your SC conditions percentages that don't accurately depict your disability picture.

Semper Fi

Gastone