Block 18, VA form 21-8940 (JUL 2015)

[mkarnish]

18. DID YOU LEAVE YOUR LAST JOB/SELF-EMPLOYMENT BECAUSE OF YOUR DISABILITY? 

Does this question include being terminated from employment?  I interpret this question as asking if I quit my job (DID YOU LEAVE...?)  I did not leave/quit my job voluntarily - I was terminated due to a decline in performance related to my SC disabilities.   Do I answer YES, or NO?  Thank you in advance.

 

SC disabilities

1.    multi-level cervical disc disease with herniated nucleus pulposus C7 cervical spine, C8 and T1 radiculitis

2.    radiculopathy, RIGHT upper extremity (upper radicular group), associated with IVDS of cervical spine

3.    radiculopathy, LEFT upper extremity (upper radicular group), associated with IVDS of cervical spine

4.    lumbar spine strain, loss of lordosis and degenerative disc disease (L2-L5), (claimed as low back and degenerative disc disease, thoracic spine)

5.    Radiculopathy, LEFT lower extremity (sciatic nerve)

6.  Radiculopathy, RIGHT lower extremity (sciatic nerve)

 

[Vync]

I'm not an expert in IU forms, but that sounds like a yes to me. Since you are filing for IU, be honest.

Coming from someone who is also SC for cervical and lumbar spine plus radidulopathy in all limbs, even with my desk job, some days my productivity suffers greatly and it is not uncommon for me to have to miss work a lot. I have had to take short term disability/FMLA numerous times to seek treatment and recover.
 

[mkarnish]

Many thanks you for the response and thank you for your service to US of A..  Sounds like we have similar conditions.  Absolutely imperative to be honest and forthright during the process.  I did confirm my answer from a Texas Veterans Commission representative who is extremely knowledgeable and has committed to assisting me through the process.  I am becoming an expert it seems in the general claims process and now the TDIU claims process due to much research.  I currently have all forms completed to include VA form 21-4192 from my previous employer, which fortunately only took me one week to procure.  I will be submitting the remaining forms today and will follow up on the time frame it took from start to finish.  

[Vync]

12 minutes ago, mkarnish said:

Many thanks you for the response and thank you for your service to US of A..  Sounds like we have similar conditions.  Absolutely imperative to be honest and forthright during the process.  I did confirm my answer from a Texas Veterans Commission representative who is extremely knowledgeable and has committed to assisting me through the process.  I am becoming an expert it seems in the general claims process and now the TDIU claims process due to much research.  I currently have all forms completed to include VA form 21-4192 from my previous employer, which fortunately only took me one week to procure.  I will be submitting the remaining forms today and will follow up on the time frame it took from start to finish.  

Yeah, back and neck issues are actually very common in veterans.

It sounds like you have a really good rep helping you out. Good luck and I hope the VA gets it right the first time!

 

[Gastone]

MK, This is not an IU claim based on an "Inferred IU Claim" stated on your last Award, Right.

My understanding of the "New IU Claim Requirement," the Vet must specifically state which current SC makes him IU. What are the SC% of your current SC DX's?

Vynce indicated he has "Bad Days at his Desk Job," associated with his similar SC's. Not sure, but if memory serves, I think the V-man is 100% SC Scheduler, not IU. With IU claims, being able to do a Desk Job, could and would probably result in an IU Denial, due to the ability to do Sedentary Work.

If you think you meet all the IU criteria and truly believe you lost your last job due primarily to your SC/SC's, definitely put YES in the Box. VA isn't going to take your word, expect them to contact your last employer.

Give serious consideration to applying to VA Vocational Rehab for a workup. If the Voc Rehab Councilor agrees, your SC's preclude you from any and all types of work, a Voc Rehab Denial Letter, could seal your deal.

Semper Fi

[mkarnish]

Greetings Chief Gaston,

Thank you for your service and response.  Every little bit helps.  I'm unsure when the "inferred IU claim" comes into play with regards to SC%, however, I believe I am clear on the requirements that qualify for a disabled Vet for IU or TDIU, which is 60% for a single disability or when multiple disabilities apply, at least one disability must be rated at 40% with a total combined disability of at least 70%.  My SC rating increased from 40% to 80% in Jan, 2013 while still employed and making $89K per year.  I would eventually lose my job 7 months later.  My total combined SC rating is now 90% with 6 total ratings - all related to my cervical, thoracic and lumbar spine.  It took me 4 years to get my back rated, even though there were medical records with chief complaints of back pain while enlisted.  This was such a debacle on part of the VES examiner and the VA examiner, stating there was no evidence I was seen for back during dates of service.  This issue is an entirely new talk-show topic.

As far as Box 18 in form 21-8940, I did answer [Yes].  I am currently working with a very knowledgeable Texas Veterans Commission representative who has been committed to assisting me during the claims process.  VA can certainly contact my employer, but I don't think they will since I already received from 21-4192 from my employer and I included with the email sting from my employer where they returned the form back to me.  The emails have phone numbers in their email signatures.  I also submitted 4 VES exams that took place during my last claims process for increase, and all 4 exams answer "Yes" to, Does Veteran's conditions impact his or her ability to work. 

I had a cervical anterior fusion of my cervical spine (C3-C7) last year after I received the increased SC ratings.  Once I'm approved for TDIU, my representative recommends I submit another claim for increase since my range of motion has significantly decreased and now have a scar.  Additionally, I'm still getting pins/needles sensation in my upper extremities even after the sergury, so I'm pretty certain my scheduler rating will hit 100%.

Could VA pay me from the time I lost my job in July, 2015, even though I just submitted my claim in Jan, 2016?  According to this Texas Veteran Commission representative, she states yes as well as says the claim could be approved in as little as 2 months based on my evidence.  

Thank you in advance for any additional information you can provide.

MK

[Derrick911]

I recently received my IU when the question was asked if due to my disabilities is that the reason i left my job or was fired i answered yes. I stated i could not perform my duties to satisfaction because of my disabilities and i also wrote a single page on the reasons why. I was approved 2 weeks later but it's best to specify on the reasons why you were terminated and why you can not work anymore