Denied

[RSG]

Ok,

for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD..

I can't understand this.......Tnx

RSG

[RSG]

RSG,

You may have already posted this information somewhere but I don't have the time to go thru all the posts.

I would contact the Main Office of the Human Relations Department of Auto Zone and Car Quest.

Perhaps Car Quest has finished with the construction at their facilities.

These are the EXACT organizations that were contacted multiple time..

The only medical issues of concern for IU from VBA are service connected medical issues -

That is all I have proven and shown....

if there are other medical issues that are not service connected - they will be factored in, to help support the denial for IU.

VA shrinks are not necessarily occupational specialist - at all.

IME/IMO from an occupational specialist.

What issues are you service connected for and at what percentage for each.

70%, period, Major depression as all the NAVY and VA doctors have written IMO's with reference to this service connection in my favor.

In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits

Major depression and congnitive disorder from my multiple strokes.

.

[RSG]

OK RSG bear with me here because I may make you a little upset first before I can suggest some help. Quite honestly I see nothing in that decision from the BVA that says they agree with you but that is only my opinion.

Your problem right now requires a lawyer. A lawyer can supenoa statements from carequest, autozone and any one else. There appears to be good money here for a lawyer if you can get one to take it. Hell I know I would.

The other thing have you considered to have your state Better Business Bureue to handle it? If these guys know that you mean business believe me you WILL get a report!! Put some pressure on them where it hurts in their pocket like they are doing to you..

Good Luck!

that decision is from the DRO, not the BVA...

[carlie]

RSG,

This is probably a problem in getting IU granted,

"In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits."

"Major depression and congnitive disorder from my multiple strokes."

If you have had multiple strokes there certainly would have to be additional medical factors

other than the depression, that you are SC'd for.

jmho

[RSG]

RSG,

This is probably a problem in getting IU granted,

"In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits."

"Major depression and congnitive disorder from my multiple strokes."

If you have had multiple strokes there certainly would have to be additional medical factors

other than the depression, that you are SC'd for

.

Yes, there are other medical conditions I have. insulin dependant diabetes, neuropathy very extensive, serious nerve damage from my neck down.....as well as some kind of degenerative disc disease. I had carotid artery surgery at the va hospital, to prevent further strokes

some other thing to do with my vision..... But none of these can be contributed to the service

jmho

[john999]

RSG

These NSC issues need to be taken off the board somehow. The only way I know is for a shrink to say that "yes, you have NSC issues, but the SC depression is the reason you can't work". I can see the VA just latching onto these NSC issues. IU must be solely for SC conditions. When I got IU I did have other problems but the SC problems were the ones that appeared in my SSD and in my medical reports. You might even want to try to get 100% schedular rather than fight this IU with all these other issues.

[Testvet]

my shrink covered that problem by stating in the treatment records "that this patient would be totally and permanently disabled solely by his symptoms from his PTSD" he wrote that in my record every Feb since 2004 and continues to write it as late as this past Feb and I was SC in 2005 at 50% which was raised to 100% P&T in May 2006 I don't think my VA trusts the VA not to play games down the road either so he writes excellent treatment notes I have been seeing the same doc for more than 7 years what surprises me as we all know the turnover of doctors I seem to get a new primary care doc at the rate of normally annually cardiac doc every 2 years so to keep one doc for more than 5 years seems amazing

when the RO has another medical issue to blame you being totally disabled by they will use it against you so I agree with John you have to get a psychiatrist to state that your PTSD is totally disabling regardless of your other medical issues and if you didn't have them you would still be considered to be totally and permanently disabled and that he does not expect you to ever be able to recover from them

if you have had PTSD more than a decade and it hasn't gotten better it more than likely never will get better (I am not a doctor and that is just my own opinion but it's as good as the janitor they have doing some of the C&P exams)