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.

 

 

 

 

[bluevet]

One thing that is a major factor in TDIU decisions, yet is rarely discussed on decision letters, is your employment history. Are you working now? Have you been gainfully employed in the recent past? Did you leave your last job because of your disability? Since the rater of your claim didn't mention anything about disqualifying you due to not meeting the rating requirement, I guess you are ok there, although it's confusing. If the IMO you sent in with your NOD discusses your ability to be gainfully employed, that should go a long way.

Edited August 20, 2015 by bluevet

[iceturkee]

my employment history coupled with my college degree helped me!

[pwrslm]

The 10's on neuropathy are only indicative of a very low level condition.

If you had any more than minimal numbness or tingling, you might get these raised.

 

Had an EMG yet?

 

This is how nerves are rated;

 

Paralysis

– Complete: This is defined for each nerve a little differently, but basically, it means that the nerve is completely paralyzed and the body part cannot function at all, like if it had been amputated.
– Incomplete, severe: If the nerve is not completely paralyzed, and there are symptoms, like poor blood circulation and muscle atrophy, that seriously limit the body part’s ability to function, then it is rated as severe. The condition must be very severe to be rated here.
– Incomplete, moderate: If the nerve is not completely paralyzed, and there is tingling, numbness, moderate pain, or other symptoms that definitely and significantly interfere with the ability of the body part to fully function, it is rated as moderate.
– Incomplete, mild: If the nerve is not completely paralyzed, and there is only tingling or mild pain in the affected body part, it is rated as mild. There could also be slight or very mild limitations in the movement of the body part, but these limitations would not really affect the overall functioning.

Neuritis

– Severe: If there are all three of the main symptoms (loss of reflexes, muscle atrophy, and loss of sensation), and they seriously limit the body part’s ability to function, then it is rated as severe. The condition must be very severe to be rated here.
– Moderate: If there are one or more of the main symptoms that definitely and significantly interfere with the ability of the body part to fully function, it is rated as moderate.
– Mild: If there are one or more of the main symptoms, but they are mild and do not interfere significantly with the ability of the body part to function, it is rated as mild.

Neuralgia

– Moderate: If there is tingling, numbness, moderate to severe pain, or other symptoms that definitely and significantly interfere with the ability of the body part to function fully, it is rated as moderate.
– Mild: If there is only tingling or mild pain in the affected body part, it is rated as mild. There could also be slight or very mild limitations in the movement of the body part, but these limitations would not really affect the overall functioning.

Edited August 21, 2015 by pwrslm

[Pete53]

If you are not able to work due to your service connected disabilities you are worthy cause you earned the benefit. Much to often VARO's make Medical Decisions. You need something from a Doc that opines that you can't work and that should do the trick. By the way you might want to look at PTSD rating of 30% instead of the diabetes as reason you are not working.

[Matthew Hill]

Vietvet,

 

You are correct in that you mean the rating combination for IU.  The 40% does not have to be one disability.  It can be a combination of disabilities.  In your case, the diabetes and neuropathy are of common etiology and therefore count as one.

 

I agree with Pete53 in that the PTSD rating is a good place to start.  If you are easy to anger or do not do well with authority your rating should be higher.  If these do not apply then I would contact a vocational expert.

[iceturkee]

matthew, the link you provided clearly states one of the disabilities must be, at least, 40 percent. if you have a single disability rated at 60 percent, that will also quaalify.