diabetes Unemployability, Am I Worthy?

[vietvet]

Hello fellow Vets:

I would greatly appreciate any feedback.

70% = 30 ptsd, 20 diabetes, 10,10,10,10 bilateral upper and lower diabetic neuropathy, also bilateral cataracts 0, 10 tinnitus

I was denied UI; this was the statement of the examiner

On my C&P VA Examiner stated: that my diabetic peripheral neuropathy impacts my ability to work; however in her description she wrote that I can do sedentary work and moderate physical labor, but that I would have difficulty doing fine motor motor skills, that require touch sensations- the same skills required of a letter carrier (I was a city carrier for 17 years); also stated bilateral hand weakness on her report.

I've sent off a NOD with help from a veteran service officer, including a IMO from a primary care physician.

 

 

 

 

[vietvet]

Thanks for all the feedback.

As a carrier letter carrier, my hands and feet were my tools for success. My examiner checked off that my bilateral upper and lower neuropathies would affect my ability to work and that I had bilateral hand weakness. Also that I would have difficulty using my fine motor skills (meaning hands, fingers, etc.), including light touch sensations.

Wouldn't this prevent me from doing my job as I was trained to do as a letter carrier?  She wrote I could do moderate work with my diabetes, so the above is what she

meant for my neuropathy  (bilateral upper and lower).  I believe everyone has a different threshold for pain. Is there a benefit of the doubt???????

Again, thanks so much for responding.

[Matthew Hill]

Iceturkee,

The regulation is confusing.  It says that one disability must be 40% or 60%.  But that one disability can be a combination of disabilities in these five scenarios.  The regulation reads: 

"For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war."

This is the full text of the regulation 38 CFR 4.16(a)

So even though it says 'one disability' it does mean that.  This is classic VA language that just contradicts itself and makes it hard to understand what a veteran needs to win.

 

Vietvet-- with those limitations I would contact a Voc expert to see if he will write an opinion for you.  IU is a subject standard and VA must take into consideration your background when evaluating you.  My firm has had good success with Patrick Clifford out of North Carolina.  He has been an expert for veterans nationwide and he understands the VA process

 

[iceturkee]

Iceturkee,

The regulation is confusing.  It says that one disability must be 40% or 60%.  But that one disability can be a combination of disabilities in these five scenarios.  The regulation reads: 

"For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war."

This is the full text of the regulation 38 CFR 4.16(a)

So even though it says 'one disability' it does mean that.  This is classic VA language that just contradicts itself and makes it hard to understand what a veteran needs to win.

 

Vietvet-- with those limitations I would contact a Voc expert to see if he will write an opinion for you.  IU is a subject standard and VA must take into consideration your background when evaluating you.  My firm has had good success with Patrick Clifford out of North Carolina.  He has been an expert for veterans nationwide and he understands the VA process

 

it was always explained to me as one disability at 40 but i see what the reg says. they are always confusing!. thanks.