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Extra schedular C & P Exam for TDIU

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pacmanx1

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Anyone been through an Extra-Schedular C & P Exam for TDIU? Veteran already has two separate IMOs, private IMO states that his service-connected disability would definitely interfere with his work attendance and ability to work. He also has a contract medical opinion that states that his service-connected disability precludes employment.    

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

More important than the examinations is employer statement.  My extra-schedular TDIU was granted on the employer's statement and SSDI CAVES report.  If he is not receiving SSI or SSDI, then no CAVES Report so no extensive investigation by Social Security.

My CAVES Report had two employer's statements that were not in my VA File plus statements of friends contacted and the Social Security examiners reports.  VARO requests the CAVES report when researching TDIU claims.

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  • HadIt.com Elder

I am attaching a redacted copy of my CAVES REPORT.  The addresses in it are very old so no need to redact them. The report is 84 pages long to indicate the extensive effort of Social Security before they grant SSI or SSDI.

2058-2132 20100331 SSA CAVES report_Redacted.pdf

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Posted (edited)

The veteran is on SSDI for multiple conditions, TDIU is for one of them and as for the employer's report, there are none because the veteran has not worked in over a decade. The claim is based on a VA decision that granted the veteran an unadjudicated claim and now the VA is trying to finalize the decision.  

Due to the fact that the VA granted the veteran an unadjudicated claim, this claim awarded the veteran an EED of TDIU, the Private IMO and the Contractor IMO raised the issue of this particular disability causing unemployability and now the VA is trying to make a final determination. 

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder
Posted (edited)

Then she has to make sure the VABA has requested the CAVES Report.  The CAVES report examinations should show the basis for the SSDI and will support TDIU from the date of last employment.  At least that is the EED I was granted even though the claim was more than two years after my last full-time employment and before the date of my SSDI award.  She should check her C file for the CAVES Report from Social Security.  

You can see the comments I posted on my CAVES Report that identified support for my TDIU claim.

Note: My spinal injury was not service connected until after the CAVES Report and is still denied for lower back, only the neck.  That SC was done by the BVA 2017 judge based upon the IPTR from the Navy medical record and my current, at the time, Denver VAMC MRI.

Edited by Lemuel
left out definitive phrases
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