diabetes IMO TDIU

[Sgscott1]

I am currently 80% and have a Remand for TDIU from the BVA. The remand was due to the original RO not even considering my TDIU claim along with BVA granting service connection for diabetes . I am service connected for diabetes type 2 on insulin. I have developed Autonomic Neuropathy which causes syncope and near syncope several hospitalizations. The VA rated my Autonomic Neuropathy under Gastroperesis which I also developed due to AN. I also have orthostatic hypotension episodes regularly(at least 15 times a month. My Physician of 5 years wrote an IMO that I could "Not secure or maintain a substantially  gainful occupation due to my Diabetic Neuropathy". In 2009 I was placed on FERS Disability retirement due to Diabetes. I have a C&P for my TDIU next week and the VA called me to schedule it and they stated they were going to look at all of my rated conditions. I would like to know if anyone has an information or advice or criticism as to whether my IMO is helpful and is it normal for a complete C&P for all conditions for a TDIU claim. Thanks in advance.

Edited November 30, 2015 by Sgscott1

[Chuck75]

To stop the VA's manipulation of facts to the veteran's disadvantage, only a simple change is needed to the VA's

production credit scheme. Increase the credit for approval, and decrease it for denials. After all, denials require less

work and time than approvals.  Further, a deduction should be made when an appeal is sustained, or a remand made.

The system supposedly is required to "favor" veteran's claims, yet, the opposite is often true in practice.

[iceturkee]

On 12/1/2015 at 3:57 AM, Gastone said:

Keep your eye's pealed for anything regarding "Sedentary" work. The VA's Earned Income level of $12,400 per yr can be a problem. Even if you've been  unemployed for the past 5 yrs, a Rater could decide, based on your education and employment history, that you "Should" be able to do Sedentary work earning a min of $238.00 per week.

Have you sent your IMO to the VA?  Break down your 80% for us. Is there a 40% in there? Nothing mentioned in your original award regarding an "Inferred IU Claim?"

Semper Fi

when awarding me IU, the rater stated my employment history (news reporter) coupled with my education (bachelor's degree) would make it near impossible to retrain.

[Sgscott1]

On 12/1/2015 at 11:10 PM, pete992 said:

Yes, your IMO should help your claim.  VA will pull this card from their deck from time to time.  It really depends on your individual rating percentages and if you currently meet the minimum requirements for filing TDIU.  You know (1) one condition rated at least 60% or a combination of conditions rated at 70% with at least (1) one of them being rated at 40%.  It is just more mind games that VA plays. If you have not filled out a VA form 21-8940, VA will request you to fill one out.  If you have already filled the form out, it depends on what disability you claimed to cause you to be unemployable.

Here is what the C&P examiner opined "

AS NOTED IN THE DBQ'S. THE VETERAN'S S/C DM TYPE II RESIDUALS PRECLUDE

 

GAINFUL EMPLOYMENT IS A FULL TIME TYPE SETTING IN ANY CAPACITY FOR 8 HOURS PER DAY FOR 5 DAYS FOR 40 HOURS."  She also opined the same thing for My LLE S/C disability from my original IU claim filed in March 2009. So hopefully the EED will go back to the original filing since this was a remand.

[Guest]

30 minutes ago, Sgscott1 said:

Here is what the C&P examiner opined "

AS NOTED IN THE DBQ'S. THE VETERAN'S S/C DM TYPE II RESIDUALS PRECLUDE

 

 

 

GAINFUL EMPLOYMENT IS A FULL TIME TYPE SETTING IN ANY CAPACITY FOR 8 HOURS PER DAY FOR 5 DAYS FOR 40 HOURS."  She also opined the same thing for My LLE S/C disability from my original IU claim filed in March 2009. So hopefully the EED will go back to the original filing since this was a remand.

Yes, I agree but you will have to hold VA feet to the frying pan and make sure they give you the correct effective date.  There are times like these that VA would try to go with the new C & P exam and force you to file a new NOD but if that is the case than don't play that game and file the NOD and get it back to BVA.  I know it is really kind of crappy for VA to do this but I have seen it so many times. So best of luck to you.

[Sgscott1]

5 minutes ago, pete992 said:

Yes, I agree but you will have to hold VA feet to the frying pan and make sure they give you the correct effective date.  There are times like these that VA would try to go with the new C & P exam and force you to file a new NOD but if that is the case than don't play that game and file the NOD and get it back to BVA.  I know it is really kind of crappy for VA to do this but I have seen it so many times. So best of luck to you.

Thanks for the reply, I will take your advice and get it right back to BVA if they ignore their own examiner again.

[Sgscott1]

Called the 1-800 number(Lady was nice) I asked since I couldn't track my remand on ebenefits could she tell me if it has went from the RO to the AMC yet. She said it was ready to rate on the 22nd of December and would not be returning to the AMC? Don't all remands go back to AMC for a decision?