Increased To 90% Now What

[kleinUSMC]

Been sitting at 80% for 6yrs. Recently was increased to 90%. 70% depressive disorder 40% degenerative spinal arthritis 30% cervical spine arthritis 20% rt shoulder arthritis and 20% LT chronic disclation. . So my question is with my issues do I push for. Be labeled as unable to maintain Gainful employment or just stay in my rut. Life's been a struggle the past few years. Lost a couple jobs due to my disabilities. Just need input from my fellow brothers and sisters

[ArNG11]

Been sitting at 80% for 6yrs. Recently was increased to 90%. 70% depressive disorder 40% degenerative spinal arthritis 30% cervical spine arthritis 20% rt shoulder arthritis and 20% LT chronic disclation. . So my question is with my issues do I push for. Be labeled as unable to maintain Gainful employment or just stay in my rut. Life's been a struggle the past few years. Lost a couple jobs due to my disabilities. Just need input from my fellow brothers and sisters

Look at 4.16 and 4.18 of the eCFR.

[Buck52]

correction to post #12

after further research

VA's failure of duty to assist does not raise the lever of a cue claim.

sorry!

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

Edited May 24, 2015 by Buck52

[lotzaspotz]

The quickest thing to do right now, if the decision is less than 12 months old, is to file a notice of disagreement based on the fact that it was an implied TDIU claim as dictated by your ratings and the circumstances behind them. If the decision is older than 12 months, then you would need to file a CUE with the RO that made the decision, which I can tell you from personal experience is normally a long and contentious process. I've won a few, but they took years because the VA does not give in easily, even when the evidence is clearly in the veteran's favor and they know they screwed up. It can be done, however, it normally takes either being really pissed off enough to go toe to toe with them for however long it takes, or you're doing it for the principle of the thing (I put myself in the first category).

The NOD would be for TDIU and the effective date you became permanently unemployed OR the date you were employed but were earning below the amount designated by the Feds as the official poverty line (see Gastone's post above).

You can file for SSDI online. You paid taxes for this, it's not welfare.

The meter is running. Look at this as your full-time job right now- getting your stuff together to protect your future and defend your rights to access the benefits you earned through your service and paid for through your taxes.

Edited May 24, 2015 by lotzaspotz

[Berta]

Just to clarify...this TDIU issue pops up a lot here..........

If 70% prior to VA FL of 2013 (below)


Please read over my 2007 post here:



I hope the M21-1 MR link will open for you..it didnt open for me.

The fast letter below on TDIU was issued by VA in 2013, prior to that 70% should trigger TDIU as an inferred issue.

http://www.scribd.com/doc/148923612/FL13-013-001

The evidence of their legal error is within M21-1MR, PartIV, Section F,
also 38 CFR 4.16,
and I think I would cite Roberson and a General Counsel Pres op in this link, if it applies to any past TDIU denial.....prior to the Fast Letter of 2013.

The Fast letter alone might be enough evidence of a CUE if TDIU should have been considered, by being deferred.,if falluing under the Fast Letter Criteria...

Consideration ....this word is how I got them for my SMC `1151 CUE claim.

The evidence was clearly in VA's possession for them to "consider" SMC.

They could have "considered" SMC and then denied it... (no cue there..or awarded it.)

But the fact that they did NOT consider it was the key element to my successful 1151 SMC CUE.

When, as the posts above and multiple more here prior to and since my 2007 post states, the VA fails to 'defer' and/or consider TDIU, in the circumstances clearly spelled out in VA case law, as to when they should, they have committed a CUE.

Two members here have followed my advise on getting the VA to CUE itself during the appeal period

I find that is my first tactic I use these days and the reason ( I rattled it all of here before) how VA had to reverse very quickly, two of their recent denials I got.

The Director even apologized for 2 of 4 CUEs in one denial and that apology involved my Benefit of Doubt rights.

BOD and DTA , as our rights ,do Not raise to level of CUE.

But I manuvered their lack of 'consideration' of BOD into a CUE and they agreed and awarded.that claim very fast.

I am very busy this time of the year.........and only really read a few posts here every day because they often need links and some serious thinking process....links and thinking takes time.

It concerns me that many here give advise without some regulations or VA case law, that in some cases, the claimant needs to be aware of.
I don't mean this thread.

It also concerns me that many do not take the time to search almost 18 years or more of excellent advise here.If the older board is still accessible.

Some of that advise has changed because regulations change.

But much of it is as good today as it was in 1997 on the older hadit board I joined.

Evidence is everything, and we have to be proactive and do all we can to succeed.

And certainly be willing to use VA regs and case law against the VA, since they use that stuff against us.

Your reps wont do it (although a few here have head that type of help from them)

because even the reps who are on the ball, are simply too overwhelmed to catch every nuance to provide a successful outcome to a claim.

Lotzaspotz is right....

My 1151 SMC Cue ( 2 separate CUES actually) took from 2003 and 2004 filing dates, to be awarded in 2012.

My last CUE Yourself claims took mere weeks or maybe a little over a month....

My CUE on a CUE award is still pending, along with a NOD.

So CUE can take a long time or a brief time.....but the worse CUE claim of all is the one that was never filed.

Edited May 26, 2015 by Berta

[john999]

If the VA has information that your SC condition is causing you to be unemployable, regardless of your rating, they have a duty to consider you for TDIU. This may not be a CUE because the VA would probably attribute this to "duty to assist". What good are rules when the VA just ignores them and is not punished for it.

[g.unit]

I have a different situation.  I am 90% and I am retiring from my current job (government) early due to the fact that I am unable to continue with my current position.  If I retire can I apply for TDIU? since i wont be working and can no longer due my current job?  I am hoping to bump up my 90% soon if they every make a decision on my appeals.