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

[allan1351]

Hey broncovet

You are so right about the VA.....I just hope Vets hear you load and clear......

[Sgscott1]

Autonomic Neuropathy falls under Diabetic Neuropathy Broncovet totally different than peripheral. It's neuropathy of the central nervous system and in my case effects the 10th cranial nerve which controls heart, lungs, stomach etc. Tenth cranial nerve controls all of the involuntary functions of those organs. Very debilitating. I was retired on FERS Disability due to my diabetes. I have not got a decision just now going to the the C&P next week. I filed for TDIU in February 2009 once being placed on FERS Disability. Actually I have had good results with VA C&P Doctors and they have asserted that my disabilities effect my employment. The problem I actually had that led me to appeal and BVA was that the rater stated that their opinions were not probative( The VA C&P Docs). DAV couldn't believe it and neither could the Judge! BVA Granted all of the above mentioned and remanded my claim for TDIU back in 2012 and it's finally coming to a C&P now. If I get a SSOC with a denial I will insist it goes right back to the BVA.

 

Edited December 1, 2015 by Sgscott1
Info

[Sgscott1]

Broncovet I misread your post so please ignore my statement on what Autonomic Neuropathy is. Also you are so right I worked for the VA and saw it everyday some really good employees that care for VETS and some really crappy employees that just don't care at all. You know when they give bonuses for completed claims to those crappy employees you may as well say bonus for denials because that's what it equals to.

 

[broncovet]

It sounds to me like your Autonomic Neuropathy is "inextricably intertwined" (II)  with IU, as it almost always is.  Case law suggest there is no such thing as a "stand alone" IU claim, that it is part of an increase.  The "II" could be very significant in regard to your effective date.  As you probably know, the VA "administratively denies" IU claims when the claimant does not fill out the applicable form (21-8940)  prescribed by the Secretary.  The VA has made it clear that they will do the same with "intent to file".  No "intent to file" no claim.  

It would be like Microsoft, when you power on the computer, puts up a screen that says, "Are you sure you want to turn on the computer?"  Click Yes or No.

"Yes".   Are you sure you are sure you want to turn on the computer?  "   No, I prefer to wait and answer obvious questions that waste my time instead.  Now that you mention it, I heard there is a sale going on on Apple computers that dont do this, so "NO".  

Scott, I reviewed my file, and I counted 5 doctors and 1 audiologist that opined, over a period of 13 years, that I was unemployable due to SC conditions, having not worked in that period.  It didnt matter, VARO denied it.  

This is a Colvin vs Derwinski violation, where VA substituted their own judgement for that of a qualified medical professional and they gave no "reasons and bases" as to why these 5 docs opinions were someohow not persuasive.    I know why they were not persuasive.  Its because VA did not read them, they top sheeted it and denied it.  Good luck with your claim.    

[Gastone]

Thanks for the break down, definitely helps.

As I recall, the VA is supposed to consider every claim a Vet files as though he's filing for the maximum SC available. With that said, was there actual "Evidence of Record" supplied to the VA with your initial claim that would have caused an "Inferred IU Claim" to be stipulated in your Award Letter?

Wonder why the Rater's supervisor didn't push your initial claim to the Director for a possible Extra-Schedular IU rating?

Any chance of getting a redacted copy of your C&P DBQ's & Award/Denial Letters?

The ability to do "Sedentary Work" will be the fly in the ointment. Give consideration to obtaining a VA Vocation Rehabilitation Councilors professional opinion regarding your "Unemployability." VA rater's have to accept their own Employment Experts evaluations. My DRO said it was the best piece of N & M Evidence that I could have supplied, took the possibility of "Sedentary Work" out of the discussion.

Semper Fi

[Sgscott1]

Thanks Broncovet! The one plus I do have in that it is a remand is that if it does get denied it will go back to the Judge after the SSOC.Gastone it didn't go to extrascheduler due to the fact my diabetes was on appeal along with the TDIU. The VLJ granted the Diabetes and remanded the TDIU based on what Broncovet said with  "inextricably intertwined". I The DAV did an awesome job representing me in front of the Board in D.C.. I already went through the Voc Rehab and they did state they my diabetes caused to many vocational and occupational obstacles for Voc Rehab.