First off, I hope everyone had a great New Year. I am not certain that my NOD has been denied yet, but when I called Peggy I was told that a statement of the case was being prepared, so I'm preparing for worst case scenario. Background-I was granted service connection for systemic lupus at 60% and acquired psychiatric condition to account for memory loss at 50% in September 2015, effective date was Jan 7 2010. I submitted a NOD on Nov 4 2015, disputing the rating I received for the lupus, and requested tdiu. My VA doctor has completed a DBQ for me and stated that the lupus does cause severe impairment of my health. I have been found unemployable by Vocational Rehab, and have regular lupus flare treatment records for the past five years, all of which were submitted. I was also terminated from my job September 2015, due to SC disabilities. I completed every form required for tdiu, including the employers form, which my employer stated they could not complete, as well I submitted a statement explaining I had completed the employers form due to the companies refusal and submitted my last pay stub that showed how many sick days I had missed for the year. My question is, if they still deny the tdiu claim, in spite of the letter from Voc Rehab stating that I am permanently and totally disabled due to SC disabilities, would that be a cue? I am currently at 90%, since I was also awarded 20% for fibromyalgia and 10% for gerd on a later claim, so I do meet the criteria, in fact I meet the scheduler criteria for 100% for systemic lupus as well, due to flares occurring every four to six weeks, lasting 9-11 days during which I am mostly bedridden, and causing severe impairment of my health. I will of course file a form 9 as well if denied, but should I also ask them to cue themselves. I apologize because I did try to find the information myself, but I wasnt certain which regulation it would fall under. Thanks in advance, and I will keep everyone updated.
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flores97
First off, I hope everyone had a great New Year. I am not certain that my NOD has been denied yet, but when I called Peggy I was told that a statement of the case was being prepared, so I'm preparing for worst case scenario. Background-I was granted service connection for systemic lupus at 60% and acquired psychiatric condition to account for memory loss at 50% in September 2015, effective date was Jan 7 2010. I submitted a NOD on Nov 4 2015, disputing the rating I received for the lupus, and requested tdiu. My VA doctor has completed a DBQ for me and stated that the lupus does cause severe impairment of my health. I have been found unemployable by Vocational Rehab, and have regular lupus flare treatment records for the past five years, all of which were submitted. I was also terminated from my job September 2015, due to SC disabilities. I completed every form required for tdiu, including the employers form, which my employer stated they could not complete, as well I submitted a statement explaining I had completed the employers form due to the companies refusal and submitted my last pay stub that showed how many sick days I had missed for the year. My question is, if they still deny the tdiu claim, in spite of the letter from Voc Rehab stating that I am permanently and totally disabled due to SC disabilities, would that be a cue? I am currently at 90%, since I was also awarded 20% for fibromyalgia and 10% for gerd on a later claim, so I do meet the criteria, in fact I meet the scheduler criteria for 100% for systemic lupus as well, due to flares occurring every four to six weeks, lasting 9-11 days during which I am mostly bedridden, and causing severe impairment of my health. I will of course file a form 9 as well if denied, but should I also ask them to cue themselves. I apologize because I did try to find the information myself, but I wasnt certain which regulation it would fall under. Thanks in advance, and I will keep everyone updated.
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Buck52 3 posts
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Buck52
I don't think you will be denied they may make you 100% scheduler/I'd take that over the IU...but since you ask for IU they will probably approve you for that with or without P&T Unless you ask
Buck52
yes if your voc rehab counselor mention you was P&T that's good also if he /she stated its not feasible to retrain this veteran at this time b/c of herSC Disability's I don't trust Peggy th
Berta
I agree-a VOC Rehab letter stating VOC Rehab is not feasible, solely because of SC disabilities, is dynamite evidence for TDIU. However , if they do deny, and you an scan and attach the denial he
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