I received my updated rating today and was rated at 80%. I had also applied for unemployability at the same time and was denied because the VA said I never returned a form, which I never received. Should I appeal and send this form with the appeal. Below is what they sent me. I am I reading this correctly?

1. The claim for entitlements to individual unemployability is denied. We based our decision upon reveiw of available evidence. In our letters dated June 12,2009, we explained what evidence would be requiredto grant entitlement to this benefit. We asked you to complete a VA form 21-8940. As of this date,we have not received the required form from you.

I have been out of work since May because of Degenative Disk Disease and have been too 2 differant VA hospitals and a neurosurjin and 2 back specialists, also physical therapy and epidorals all 3 of them. Va used all of this to take me from 10% to 20% on my back and gave me a new rating on radiculopathy, lower left extremity 0% that I did not have before. What are opions? I was planing to appeal and send in the va form along with Doctors restriction notes that they had been sending in to my disability insurance company, can not sit or stand for pro long time.

Please advise.

Scott

They must have receipt of the TDIU 21-8940 form in order to consider you for TDIU.

I would send it in right away if I were you and under the Remarks section,refer to and attach a separate page with your C file # etc and tell them any other info they need to know-such as sideaffects of your SC meds that hinder employment and also refer them to any additional medical evidence

Thanks Berta. I am going to do that tomorrow with my local rep.

Congratulations on the updated rating. Sorry to hear about your denial for IU but should be straightened out after you submit that form. Like Berta said, do it Monday to get the ball rolling on this if that's all they need.

dh

nono50,
Welcome to Hadit.

Yes, by all means get a copy of that form to your RO and be sure to
get a date stamped copy if submitted in person or RRR if sent by certified mail.
If you live close to your RO I always suggest submit everything in person.

Another route you maybe able to use for EED (as an inferred or informal claim)
if the IU get's granted,
is if any of you medical evidence of record, shows a statement from
any of your doctor's relating that you are unemployable due to service
connected conditions.

This is just food for thought for your consideration.

Example:

The issue
of entitlement to a total disability rating for compensation
purposes based on individual unemployability due to service
connected disabilities was raised as an inferred claim and
referred to the RO in XXXXX, XXXXX, and XXXXX.


§ 3.157 Report of examination or hospitalization as claim for increase or to reopen.


http://ecfr.gpoaccess.gov/cgi/t/text/text-....66&idno=38


(a) General.
Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report.

(Authority: 38 U.S.C. 5110(a))

(b) Claim.
Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.


(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services.
The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

(Authority: 38 U.S.C. 501)

(2) Evidence from a private physician or layman.
The date of receipt of such evidence will be accepted when the evidence furnished by or in behalf of the claimant is within the competence of the physician or lay person and shows the reasonable probability of entitlement to benefits.



Hope this helps a vet.
carlie

Thanks for all the info. Today I submitted the form and the last 5 months of the dr's recommendations saying not to return to work and my restrictions. Which was I could not sit for long periods or stand for long periods. These was the same forms sent to my disability Insurance company for my short term disiability,which converts to long term next month.My rep said that he recommend we send this in asking for reconsideration not a appeal. Said should be about 3 months. Going back to neurasurgin Thurs. back does not like the cold at all. I wonder if I will have to do a exam again?

Scott

I would see a psychiatrist to try and advance a claim for depression and chronic pain. If you can bump up any of your claims to at least 40% and 60% overall the VA will have a hard time denying your IU claim. When you can't sit down and you can't stand up due to pain that would depress anyone. How is your sleep? Remember that these chronic pain conditions usually go hand in hand with some level of depression. You make that a secondary claim to your SC'ed back condition. You might get more for that than for the back.

I received in mail today some paperwork and one was STATEMENT IN SUPPORT OF CLAIM. Should I get my wife to do a statement and if so what should she say to make this statement strong. She is a LICENCED PRACTICAL NURSE in North Carolina. I am looking for a format to use.

The advice you are receiving is the best. A licensed medical professional can write up medical issues/disabilities already diagnosed ie vet has diagnosis of back pain (herniated discs) with pain radiaiting to hips, legs, knees,feet (whatever areas are affected note) as manifested by chronic complaints of discomfort and inability to find/maintain any level of comfort via standing, sitting, ambulating,sleeping , nor with use of medication administration including...name meds ie controlled medication...additionally with the advent of these oral/topical/injectable medication he suffers from side effects ie diarrhea, nausea, and vomiting,drowsiness, falls, (name whatever are exhibited)additionally noted are his periods of restlessness, inability to concentrate, periods of sadness and despair , and frequently/at least daily asks why me?
Also displays sadness with avoidance of family/friends and crys and moans with pain saying maybe he would be better off if dead!(that's pretty drastic.)..but get my drift. Don't make up symptoms/but do tell all.
REMEMBER he will need diagnoses from dr for depression but she can write shows symptoms of depression ie crys, yells, will not leave house/room, avoids spending any time with me/kids, avoids personal hygiene...no bathing but 1-2 times per mth etc, wears same clothes, doesn't brush hair/teeth...Lay people cannot write these type of statements because they(VA) will deny as not credible...like a nurse trying to diagnose a car engine saying the carborator is not set accuratelt, or the oil is thick and dungy representing lack of oil changes...most nurses would be out of their rhelm to do that and certified mechanic would discount/be skeptical with the assumptions made.
Sorry if I am rambling...been up 34 hrs again...no sleep/rest for the weary.
She can also write what she personally sees, cannot walk to car without stopping for periods of rest/ can only take 4 steps without resting...have tried pain meds with no + results, pt, ot have not been successful, as pain has increased and mobility has decreased. Does not do/have any activies he enjoys due to chronic pain. Mood is down and he feels there is no hope for anytype of relief as epidurals were inneffective...et whatever he has tried before. Also with radiating pain sensitivity is impaired too...
good luck with the claim, the high points/most disabling/mood changes are areas they will look at. Also it might help if she sends a vitae along, ie her work experience, training too.

I am asking my civilian nuerologist to give me a statement too. The last I saw him he said he would give me a statement because I was concerned about the Va findings after raiseing my rateing on my back from 10% to 20% but was worded now my degentive disc was not perm. because it could get better. I do not know what world the Va is in but DDD does not get better. He (Dr.) told me no problem on statement. Wright now I am scheduled for Disco gram on the 25th not looking forward to this. He is telling me if he does surgury is 60 percent chance and does not really recommend surgury write know, just so tired of being in pain.

Was this 4138 in response to the TDIU application?

Did they send you a VCAA letter with a response form under VCAA yet?

Attach (keep copies) and refer to on the form any evidence you have.

It sounds like you have very good evidence for TDIU or at least a higher rating.

Yes -your wife could definitely make a statement as to your condition as- even though she is your spouse-she has a medical background enough to opine on your condition.

They will give greater weight however to any civilian doctor statements you can get.

The criteria for independent medical opinions is here under the IMO forum- the VA will reject any IMO that does not conform to having the "as likely as not', and a complete medical rationale.

I developed that criteria from my IMO doc's IMOs I got.

He knew exactly what the VA needed to have. He used to work for VA.

forgot- I think the VCAA letter response form is only 30 days to respond.

watch out for the deadlines on any responses they want -as they come fast.

What is a VCAA letter? I also received REQUEST FOR EMPLOYEMENT INFORMATION IN CONNECTION WITH CLAIM FOR DISABILITY BENEFITS. Do I need to forward these letter to my employers or is this my copies. Yes the 4138 was in response to my reconsideration for TDIU. How does this work , if I get awarded TDIU does it backdata to my orginal award date that I asked for reconsideration for.