tdiu unemployability

[melman]

Hello fellow veterans, I need some clarification on a recent c&p examination that was  done on my service connected left ankle for unemployability.

CCF02272016.pdf

[MPsgt]

55 minutes ago, melman said:

Hello fellow veterans, I need some clarification on a recent c&p examination that was  done on my service connected left ankle for unemployability.

CCF02272016.pdf

JMO this C&P exam doesn't help your claim for unemployability.  The last couple of sentences have summed it up.

[Gastone]

That C & P looks to me to be a Death Sentence for your IU Claim, what do you think?

All the "No's" hurts big time, but the Dr's opinion at the very end, is the Stake in the Heart.

Strictly my lay opinion, for your sake, hope I'm wrong. Do you have any Rabbits up you sleave?

And, I don't see how your ankle condition, even if it worsened, could cause an inability to do some sort of Sedentary employment, that would provide a yearly income greater that the VA's SGI level of $12,400 under 65 yr.

Semper Fi

[broncovet]

I agree with the others.  According to this C and P exam, your ankle problem "resolved itself" in the past 27 years, and renders no functional unemployablility.  

There are 3 issues going on here:

1.  The C and P exam would appear to be done for a reduction, and the statement that your ankle issue "resolving itselt" could mean a possible reduction.

2.  The examiner did not opine favorably for TDIU.  

3.  Even if you had pain/limited motion on your foot, the VA may want you to do some sort of sedentary work.

    My questions are:

1.   Do you have other doctors opinions that conflict with this, and were favorable for TDIU?

2. You should consider a challenge to this NP exam.  Ask for her CV in your NOD if it comes to that.  Try to find out if she has DOCUMENTED experience with disorders of the feet, or documented medical training.  You want this exam thrown out, if possible.  Also try to find out if she has training or experience in VOcational/Rehabilitave medicine.

3.  Do you have any XRay, or MRI documentation of your foot injury?  Your examiner said there was none.  If some radiologist offered an opinion different from this C and P examiner, then you should again ask to have it thrown out in that she did not state she reviewed your xrays or MRI, and, this NP is not a radioligist with expetise in the area of interpreting x rays or MRI's, indeed, if that is the case.  

4.  If you dont have favorable documentation in your cfile, you will need to get an IMO/IME to succeed with this claim.  THAT C and P exam is an easy denial for VA.  What about the C and P exam where your foot disorder SC was awarded?  Did it cite xrays or MRI evidence?  If this examiner just failed to find the documents (xrays or MRI's) documenting your injury, then you need to file for a correction of records:

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

[Navy04]

Sadly, agree with the other Vets on this one. Just dont know how an ankle with No Medical Xray or MRI evidence to justify being unemployable. As stated anyone can sit on their butt, in a comfy chair and answer the Phone for $8 an hour, which again as stated more then the basic moneys. Good luck and wish you the best.

[melman]

On ‎2‎/‎27‎/‎2016 at 4:04 PM, broncovet said:

I agree with the others.  According to this C and P exam, your ankle problem "resolved itself" in the past 27 years, and renders no functional unemployablility.  

There are 3 issues going on here:

1.  The C and P exam would appear to be done for a reduction, and the statement that your ankle issue "resolving itselt" could mean a possible reduction.

2.  The examiner did not opine favorably for TDIU.  

3.  Even if you had pain/limited motion on your foot, the VA may want you to do some sort of sedentary work.

    My questions are:

1.   Do you have other doctors opinions that conflict with this, and were favorable for TDIU?

2. You should consider a challenge to this NP exam.  Ask for her CV in your NOD if it comes to that.  Try to find out if she has DOCUMENTED experience with disorders of the feet, or documented medical training.  You want this exam thrown out, if possible.  Also try to find out if she has training or experience in VOcational/Rehabilitave medicine.

3.  Do you have any XRay, or MRI documentation of your foot injury?  Your examiner said there was none.  If some radiologist offered an opinion different from this C and P examiner, then you should again ask to have it thrown out in that she did not state she reviewed your xrays or MRI, and, this NP is not a radioligist with expetise in the area of interpreting x rays or MRI's, indeed, if that is the case.  

4.  If you dont have favorable documentation in your cfile, you will need to get an IMO/IME to succeed with this claim.  THAT C and P exam is an easy denial for VA.  What about the C and P exam where your foot disorder SC was awarded?  Did it cite xrays or MRI evidence?  If this examiner just failed to find the documents (xrays or MRI's) documenting your injury, then you need to file for a correction of records:

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

 

[melman]

Please excuse me for omitting some important information I was awarded service connection for my left ankle in 2012,and received an increase for this condition in 2014.My issue is pain that limits my ability to work in law enforcement which caused major depression. I have a good medical opinion along with a lot of medical evidence in my c-file. The VA recently proposed to decrease me ankle service connection, but I have objected medical evidence, x-rays that states otherwise. I will hand deliver the information tothe DAV tomorrow thanks for the help.