tdiu Awaiting Decision On Unemployability

[lueharbin]

Applied for unemployability...denied by RO...remanded by BVA for industrial survey....

results.....yes to problems with activities of daily living...no to total occupational and social impairment due to mental disorder...no to deficiencies in judgement, thinking, family relations, work, mood or school...yes to reduced reliability and productivity.

Currently rated at 90%....thrombophilia 60%...lumbar strain 30%...bursitis of the right shoulder 10%...meniscus tear of the right knee 10%...thoracic strain 10%...osteochondroma of the left hip 10%...retropatellar pain syndrome of the left knee 10%...and neuropathy of the upper extremities 10% bilaterally.

What are the chances for approval.

[sixthscents]

Yeah, its hard to get a doctor to COMMIT to anything that resembles "he is unable to work". Especially within the VA system. Berta is right that you can use the Voc Rehabs statement that you cannot be "rehabbed" as evidence of unemployability. I have seen that done to good effect. Further, simply writing a statement that ties in all of your limitations assigned, all the days you have missed to appointments, surgery, inpatient care etc could help. Even if you are not now working, those were days you would have missed. Yet at all times you have to keep what Vike said in mind, obtain and maintain.... if you provide proof that either situation would not be practicable with your current disabilities then they have to grant IU. The trick is proving it...

Obtain...

1. List your limitations and ask the unemployment office a list of jobs which are available that you would qualify for with these... I've used this with claims before and its telling.

2. List the effects of the medication you are taking, and the things you are NOT supposed to do while taking them... like drive automobile, or operate machinery etc.

3. List the jobs you have held, and show how your disabilities now make it impossible to do these jobs either due to limitations imposed by doctors, or medications...

- theres a ton of other angles to proving a claim here just think about it -

Maintain...

1. Is your conditon degenerative? Does your physical abilities vary from day to day?

2. Do you have medication - such as pain - that you take "as needed".. which could negatively imact your ability to perform the tasks necessary to your previous career path?

3. Does you past career require that you maintain certification in the field, and if so how does your condition impact that - loss of ability to concentrate, lack of focus... inattentiveness etc. Both physical condition and medication apply here.

- again just think what would impact the maintaining of your job, even if you dont have one now, the one you did have...

Do you qualify for Social Security Disability, is a claim pending?

These are just a few things that you might consider and write a detailed letter addressing... but wait until you see what the VA decides.... you can start writing the letter now, it couldnt hurt huh?, but dont send it until they do, or if they do deny you IU.

Doctors, in general, both civilian and VA hate to make declaritive statements about someones ability to work or not. While they will place limitations, they normally HATE saying someone cant work... consider that they will be dragged into comp. cases and Social security cases over such a statement and you can see sort of why. They would spend all their time in court and not becomiing fabulously wealthy...

I got lucky and got a VA doc willing to jump the fence, but thats what it was... pure luck.

Also keep in mind you dont have to prove that you absolutely cannot work, just that its unlikely that you could "obtain, and maintain"... like Vike pointed out and Brenda also said...

good call yall.

[Guest Dataman]

Make sure your place of employment says why they let you go. Ie you cannot work. I tired to get my VA Dr to write something. Never could. Voc Rehab did turn me down in writing and I used it to help with SSA.

I think they have an form they mail them@!!!

[Vike17]

Sixthsense,

As I've said before on the issue of the spine, the thoracic and lumbar spine are rated together. The thoracic spine does not warrant a seperate rating from the lumbar and cervical spine. If you look at the rating criteria, it also says "entire thoracolumbar spine," "forward flexion of the thoracolumbar spine," "of the thoracolumbar spine" ect... The rational behind this, which makes sense, is that the thoracic spine does not have any seperate movements from the lumbar spine except for a minimal amount on rotation. In the case of lueharbin's claim, it looks like ethe VA made a mistake in favor of him, which was probably done by a newbie RVSR.

Vike 17