Got a Individual Unemployability question?

[Wayne TX]

I am currently at 50% and I have submitted and still waiting on Appeals for another 110%, of which one is a 50% rating for Sleep Apnea whereby I have fully compiled with all rating guidelines plus nexus backed by two IMOs linked to secondary s/c already cited in past BVA decisions on Apnea decisions............thus I do anticipate at some point having a minimum of a 70% rating derived from my Appeals whereby one disability would also be above 50% itself. .............thus MY QUESTION:  I did not seek or included in my Appeals for Individual Unemployability because am only 50% thus not qualified at this time to seek same.  In assuming my Appeal for Apnea is granted I will have acquired the required a total overall compensation disability rating  of 70%, so can I still make a run/claim for IU at my DRO Hearing, or does that need to be filed now before the Hearing ever takes place to even be considered?  I will receive a Video Conference Hearing at RO.  Has anyone out there sought IU at their actual Hearing Date and got it based on Appeals exceeding 70% or greater once the Appeals were granted and awarded?

[Gastone]

I've had SA (Mixed) for over 10 yrs, the only job that could possibly be precluded by the DX would be Over-the road Freight Hauler and any other Driving requiring a CDL and involving passengers.

After being 100% compliant with CPaP usage for about 6 mos my daytime symptoms pretty much vanished. My last Down-Load indicated only (2) apnea events on avg per night. Soooooo, SA is a very treatable condition, but you never have to worry about an SC Reduction if you're on the Machines. It would be a very tough sell to get an IU Award based solely on SA.

When the last time you had a  Download (Results?), or an overnight Titration?

[Wayne TX]

I appreciate your frankness and shooting straight Gastone.    Last time I went in for anniversary renewal I was down to 2.1 apneas but I was only showing  slightly under 5 hours sleep per night average off card.........the RLS is a problem (diagnosed twice) and knocking mask loose/air leaking happens sometimes 2-3x a night.   Makes sense about OTR drivers.   I agree SA is treatable and CPAPs can be life extenders.  I expect to get the 50% award when they get around to it as 3o months now of renewal records plus two IMOs now in front of RO, and the fact it is working for me proves I need it.  I was 25.1 apneas on sleep study.  I have no problem wearing the mask anymore after 30 months but all this time still knocking it loose at night by moving around.  My daytime symptoms are falling asleep a lot like in front of the computer, watching TV, etc.....happens 2 - 3x a day.  The last time I had a download was in May 2017........got another renewal coming up soon.  I am thankful for CPAP as my Apneas were really high and that 's not good.  I was rated Moderate OSA but I was getting close to being Severe before prescribed CPAP.    I got turned down the first time because Doctor went with Obese factor since I had not been prescribed a CPAP yet. 

 

  

 

Edited March 8, 2018 by Wayne TX

[Gastone]

The (2) IMOs, were either or both from Board Certified Neurologists specializing in Adult/Pediatric Sleep Medicine?   Any chance you could share with a posting of the Redacted IMOs?

[Wayne TX]

Neither was from Board Certified Neurologists...both MDs but one of them was from Dr. Anaise, who is both an MD and Lawyer combined.  Dr. Anaises's opinion alone is 12 pages not even counting another 40 pages in Exhibits.   The other is about 15 pages, too.........both way too much to post.   I asked the Neurological Doctor at my VAMC for a DBQ and he shot me down.

[Buck52]

Wanye Most raters won't take the time to read 12 pages, you need to ask the Dr's if they can detail there opinion in a short and to the point details.  or you can edit the report some how? Its better to ask the Dr's to give is opinion in direct to the point terms...because from my experience and a lot of other veterans that had  boo-coo pages  obvious they never read past the 1st 2nd pages...Now if your at the BVA that wll be a horse with another color.

 

Wayne Also,

if your 50% sc now and you get 50% for sleep apnea  that's  just going to boost you up to 80%...as to which at 80%  you will need a 70% or combined ratings to add up to 70% to get to 100%

    After the 80% and you get a 70% or combined ratings to 70% that equals to a 95.68% for the 100% rating According to VA Math

For SMC that 100% don't make the criteria,  However depending on one of your S.C. Disabilities if its severe enough that  you can't work  due to that  one disability..then they can use the extra scheduler to infer the IU. 38 4.16 (b)  say at the 70%...depends on how severe the disability is.

I know you have other conditions waiting to be S.C. And rated...and if they S.C. And rate all of these  then combined the % and add them all up  and you might make the SMC Criteria.

If you get to 100%scheduler  you may not want the I.U ?

 

[Buck52]

Most VA docs won't fill out a DBQ  ITS BECAUSE THE VA is a Adversarial  system , Actually it says right on the DBQ who can fill out this DBQ  VA Dr's are on that..as well as other Dr's

your best bet would be to get one of the private Dr's to fill out the DBQ's

You will need them if your called up for a C&P the examiners use those and read them off the computer in front of them.  So a lot depends on what the C&P Examiner has in front of them

Same with the DRO Hearing, I am not too famiular with the Video Conference Hearing

but if you have that   YES have all your evidence ready to show him.

I always faced the DRO the face to face  shake there hand and just go man to man with them  as long as you can back up what you tell them then your going to be ok and believe me if you tell them something  they will claw around until they find it (medical records) if they don't find them..then look to be denied.

Yes a DRO HAS THE Authority to make a decision on the spot and do a expedite  sought on Appeal  the same day of the Hearing.

Hopefully you will get a good understanding /friendly DRO.

Gary Hughes Is a Great guy and a long time 20 plus years as a DRO.

At the Waco Regional Office.

If he is still there? he may be Retired by now?