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?

[broncovet]

Gastone:

Yes, I have been 100 percent schedular since 2006.

My TDIU was denied by the RO as it was Moot, when I got my 100 percent schedular. I appealed, contending that TDIU was not moot because it affected the effective date (that is, I could get retro from 2002-2006 if TDIU was awarded), and because Bradley vs Peake could allow me statuatory housebound with the 100 plus 60 if TDIU were awarded.

The Board agreed with me, and specifically stated TDIU was NOT moot, and ordered the RO to adjuticate TDIU, and specifically stated they had to consider me for extra schedular consideration. That was back in 2012 (THe board decision).

And, yes, I meet the criteria for IU except only through an extra schedular bases. I have not had substantial gainful employement since 2002, and it was due to sc conditions, by the medical evidence.

What happened was I was low balled (0 percent) back in 2002, even tho I was unemployable. Unfortunately I appealed, but the VA "decided to interpet my appeal" as a new claim for benefits. So far, I have not been able to get them to honor my 2004 NOD, but the VA "doesnt want" to address it, no matter what I do, because that would mean significant retro.

But, with the BVA granting extraschedular consideration, the newest shennanigan is the VARO simply ignores the BVA decision. I wont take that lying down, and have written to Ms Hickey, complaining the RO failed to implement the BVA decision in almost 3 years. My next step is a writ of mandamus, asking CAVC to compel the VARO to implement the BVA decision AND asking the CAVC to compel compliance with 38 cfr 3.103 and issue a WRITTEN decision in regard to my "special handling request due to shredded evidence" and I know they do not want to do that. They want the shredding to go away, but dont want to pay me for claim spoilation.