tdiu Claim for increase

[add55p]

Hello,

Please give me your thoughts on the following situations. I am one of a few veterans that meet every once and a while to discuss our particulars pending claims.

One veteran in the group has a VSO assigned and submitted, what he thought was a well-supported request for increase and Individual unemployability. As evidence, he submitted prescriptions showing that his back pain required more than 6 weeks of time off from work due to his pain episodes, as well as a 21-4192 form from his employer reducing his employment to on call (from $2500 to $600 a month) specifically due his associated back conditions and his frequent absence from work.

He stated that his VSO informed him that at a minimum, his currently 40% back condition should be increased to 60% due to the doctor´s prescription that supports his 6 weeks of incapacitating episodes and that that may provide enough for him to get IU, but was not sure how the VA would consider his last 12 months of income which was above the earning level. The veteran is currently 70% combined.



The veteran meets the minimum rating requirement for IU and wanted to file because he cannot be seated for more than a few minutes before excruciating muscle spasms or lower back and extremities pain kicks in. During our group meeting, he appears to always be in wincing due to some kind of pain.

He informed me that his claim was closed and thought that it was denied because his AB8 letter in Ebenefits did not show a change. He stated that his VSO has not yet returned his call to explain what his decision letter stated.

I informed him to wait on the decision letter to see what it says, because one of my past claims were closed with no change in the ab8 letter updated because of a deferred rating (The rater required me getting an explanation from one of my treating doctor before he rated the claim).

Can someone from this Forum think of any past experience that you may have had with this type of situation that may have cause that VA to deny an increase out right?

Despite me reading several post on this Forum that states "the ab8 letter should show new rating once the claim shows completed", I personally believe that he should not dwell on the AB8 letter not being changed simply because the claim is closed.

any of your thoughts would be appreciated..