10thFO Posted June 3, 2006 Share Posted June 3, 2006 I had a Dr's appointment this week to increase pain meds, and set up some new treatments hopefully. All the while I've been in Voc Rehab for about the last year. They were doing an independent study to find out if it were feasible for employment. I was already at 70% and 50 of that was PTSD, so I qualified to be considered for IU. Well in my decision last May they never mentioned that Possibility so I went through Voc Rehab to see if there was something I could do. Already knew that answer but hey gotta do the time. So I had statement from my Vet Center therapists saying definitely unemployable. VA Psych's report said unemployable temporary, with positive treatment results may be able to work. So Voc Rehab said, we need an independent contractor. I meet with this guy and he's trying to give me a job as a night clerk as my gainful employment. Meanwhile my Primary care Dr. on Thursday filled out the form that Voc. Rehab had given me to take to them about my back and physical limitations. I am happy to report the following. Veteran has chronic conditions that severly limit his employment possibilities. I think Veteran will not be able to work at all. Then went on to mark on the Functional Ability Request Form that :Veteran Currently able to work? NO . If no is this temp. or perm. PERMANENT. Combination of sever CTS, Back Pain, radiculopathy and PTSD makes Vet PERMANENTLY UNEMPLOYABLE. YAHHOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!!!!! So I took this to the Regional Office immediatly and gave them a date stamped copy. Then walked down the partitioned office to my VOC REHAB counselors office and gave her the original. She read the report and told me that's all I needed and that she would call the outside agency and tell them my case was closed. She is writing up the unfeasible for employment statement to give to the people upstairs. Will also be sending me for a form for ILS. Not sure if I will get this done or not, my home is a single level except for washer and dryer in basement. HMm. Maybe I can get the money for my addition and put the laundry where my current bathroom is. She marked that I could Rarely Climb stairs,Sit, Stand. She marked that I could NEVER Stoop/Bending, Balancing, Kneeling, Crawling, Reaching and pick up 10 lbs or less for maximum weight in an 8 hour work day. My counselor was upset that the outside contractor tried to put me in a desk clerk position at a hotel. It didn't meet my aptitude and interest assesments that they do. My Vet Center Therapist laughed. He said "yeah right, someone comes in and holds YOU up on the night shift? Then all hell breaks loose." So now I just have to wait for the paperwork to be processed I realize that this will be another wait, but at least I know it will be coming, and for that I am so relieved I can't even describe it. Thanks for all the help HADIT.COM. I'll still be around, as I'm helping some Vets voluntarily now. I'm also sponsoring a Hole in a Chamber of Commerce Golf Tournament. The sign says. "www.Hadit.com" "Helping Vets with their rightful benefits." Link to comment Share on other sites More sharing options...
Berta Posted June 3, 2006 Share Posted June 3, 2006 This is great news 10thFO- One question - did you send them the formal TDIU form? I seem to recall you but I am a little surprised that they never mentioned this- as you said- in the May decision. But it might have been due to that "temporary" unemployable crapola- that was a good one- I dont understand this part: "So Voc Rehab said, we need an independent contractor. I meet with this guy and he's trying to give me a job as a night clerk as my gainful employment" Is this now SOP for VA? To try to get a vet a job? Or was he just assessng some potential work you could do? Link to comment Share on other sites More sharing options...
10thFO Posted June 3, 2006 Author Share Posted June 3, 2006 (edited) Edit: Berta yes I did file the formal TDIU the same day I filed my NOD "de novo". Didn't want to leave any stones unturned. I had been waiting for the Voc. Rehab to help with the letters for unfeasable, but the delay in the time, made me go ahead and file the NOD to protect the back pay, against the adviced of my SO, who I immediately told to take a hike. Berta, since I have a degree already, and my counselor and I agreed that college wasn't going to work for me, as I told her I couldn't put up with any BS from a Professor and an Idealogical world, that they would just try and find a position that I could do. From my original assessment with Voc Rehab, that is also contracted out to an MSW, it came back that I couldn't handle things like deadlines, pressure and like situations that I had been exposed to before, like running a business and starting up new ones. due to the PTSD. When My shrink screwed me on my "temporary" unemployable analysis, (think the Lord she told me this week she is leaving the VA so I'll be getting a new one without having to request, or demand it), at that point in time, Voc Rehab sets you up for an environmental analysis. You meet four of five times with this independant contractor, first couple meetings he/she assesses your disabilities and what you may or may not be able to do. He told me that managament was out and that I needed a low stress job. His idea was a nightclerk at a hotel desk. I told him that I was trying to be snobby, but that was beneath my apptitude levels, and as a former business owner I wouldn't hire someone that was a former business owner, and in Corporate management for a Fortune 500 company to work a desk answering the phone and getting room keys. Then they put you in a place to work for 5-6 hours where they can watch and assess you in a working environment. I don't know if this is only once or a couple times, as she canceled it before I had time to choke the little twit. I do believe from my readings in the Reg books, that this is what is mandated before someone can be considered for P&T. Obviously the VARO's aren't following this too often now. But with the recent reports released on Friday about VA giving TDIU too freely, (yeah right) that they will start to enforce this regulation. It's going to reek havoc on a lot of vets. You have to sign a paper saying that you will comply with appointments. I missed the two of the first three. One more and I'm sure I would have been kicked out, and they would have taken the Chapter 31 rights away. Which in turn would mean that since I hadn't completed a Voc. Rehab assessment, that theoretically I could have been denied P&T in accordance with the Regulation. This is how I'm reading things anyway. If anyone has had dealings with Voc. Rehab, I believe they must have the same type of quotas the Ratings people do. They do not like to turn anyone away from work or college, but it has taken them over 9 months now to finally come to this conclusion. I like my counselor, but honestly she is so overworked it's not like they can honestly help individuals. Too much work. Edited June 3, 2006 by 10thFO Link to comment Share on other sites More sharing options...
Berta Posted June 3, 2006 Share Posted June 3, 2006 "But with the recent reports released on Friday about VA giving TDIU too freely"-- where was this in the news? You did very well on your claim- and you made a good point- the good employees at VA (and they do have many) are so overwhelmed that veterans are suffering for it. Link to comment Share on other sites More sharing options...
10thFO Posted June 3, 2006 Author Share Posted June 3, 2006 Berta, it was posted on VAWatchdog.Org. VAWatchdog.org They have a synopsis plus the full report from GAO. It appears that this adminstration is on a wrecking ball track to diminish the amount of veterans recieving IU. You know the difference between 90 and 100 %, and they are fed up with shelling out that money. What also got them was that over 70% of Vets recieving IU were past retirement age. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 3, 2006 HadIt.com Elder Share Posted June 3, 2006 Alex said he thought most on TDIU that were P&T would be grandfathered in to 100% or just left as they are. Link to comment Share on other sites More sharing options...
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