I am a veteran with 60% disability. I am currently unemployed. More than likely will not be employable. I am on morphine and oxcy for pain relating to my back. I am schedule to have surgery within the next few weeks. Will the VA automatically place me in a 100% diability status or do I have to fight for this like I had to fight to get 60%?

According to the "rules", you must be 70% disabled in order to file for "unemployability" to get to 100%. Or, SECTION 1151, says any surgery performed by VA automatically becomes service connected. You can open a claim for "chronic pain" and/or "secondary medical issues". Make sure you get copies of everything from the surgery, doctors notes, nursing notes, radiological reports, lab reports, blood work, etc. need help, ecrosby1@rochester.rr.com

Can you get an increase when you are on morphine and oxcycodone. As you and I both know these alone make you unable to drive and be unemployable. Employers will not hire you when you tell them you are these meds or have a back problem. My disability is for that which I am currently rated at 60%.

I don't think you have to be 70%, I think if your atleast 50% you can get unemployability, get your Drs. to write a letter stating you can't work, also try for social security. Don't give up, keep appealing.

In order to qualify for the schedular requirements opf IU, a veteran needs to have one disability rated at 60%, or when multiple disabilities are present, one needs to be at least 40% and the rest need to bring the combined evaluation to 70%.

If you are goingto have surgery on your service-connected back, you will be given a 100% temporary rating while you recover. This is what is called a paragraph 30 claim (found under §4.30). To acheive this you just need to write your regional office a short letter stating you are applying for a paragraph 30 claim due to the surgery of your service-connected back. Along with the letter you should attach the surgery report, any bed side notes, the enterance and discharge notes from the hospital, and a note from the treating physician as to how long you are expected to be recovering from the operation. These claims generally go pretty quickly.

If after the convelecent period you are unbale to obtain and maintain a substantial gainful occupation, you need to submit VA Form 21-8940.

I hope this helps.

Vike 17

Who is your rep? Is it with the State of Virginia (Virginia Department of Veterans Services)? Or is it with another organization? If your not with the State of virginia, go to
http://www.dvs.virginia.gov/ and select an agent. If you live in the Northern Virginia Area, click on Arlington/Alexandria. Check out the agent there. Give him a call, he is in Monday/Tuesday/Thursday btwn 0830-1500. He is good! He would be your best bet.

I beleave that if your surgery is service connected the va will pay you at the 100% rate for up to a year then examine you to see if you will stay at 100% or back to your 60%.