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    • You might want to go over this VA Fast Letter as well:  
    • You are (apparently) missing the one thing you need.  You need a doctor to say you are unable to maintain substantial gainful employment due to Service connected conditions.  Im not sure if you have that or not, but, this is what you need for IU.   A lot of times it helps also, if you are enrolled in a Voc Rehab program, where the Voc rehab counselor states, "this veteran is unemployable due to (hearing loss) and or other SC conditions.   Difficulty in communication is often a barrier to employment.  
    • Can you scan and attach here the decision for the claim you filed the NOD on as to their Reasons and Bases part and the evidence they listed? (Cover C file #, name, address prior to scanning it) If he is SC now for the DMII they should award something for the diabetic  nephropathy ,if that was claimed and if they have the private doctor's evidence on that. ...I am confused here.. "Yes filed a nod, filed19 within the 60 days. Vso thru American legion filed all.  We have copies did an iris, about 10 days ago.  No ans yet." I assume then that you are waiting on a Statement of the Case.....????   ." I have got all his lab work from the time he was diagnosis with renal failure.  His Vso  to wait till we rec docket number, otherwise it might get lost without it. However, we ar still waiting on that. Of course it is like everyone else, by the time they get around to rating it, you are  et etc etc " That does not make sense to me. If this claim was actually denied we need more info.   In my opinion, if a claim is Still at a VARO and you have more probative evidence, send it to them with proof of mailing.    Is this the claim he filed in 2012?   Is the VSO supposed to prepare a 646 and is that holding up a BVA transfer? I am lost here and probably I am not making any sense at all......because we dont know what they denied ,why they denied and when they denied.   However, once you get to the BVA (they (BVA) will send you a letter with your docket # on it, and you can send any additional evidence directly to the BVA and then check with them to make sure they have it.   Has any C & P doctor given any opinion on the renal disease yet? Was renal failure due to DMII part of the 2012 claim?  
    • You make a very good point! The C&P examiners surely must realize that they don't work at the VA of 20 years ago. Back in the 90's, I had no way to know if the examiner was being thorough or not. Now, we are empowered with knowledge here from Hadit and also are fortunate enough to have the DBQ's and C&P exam questionnaires available to us online. If C&P instructions say to measure something, the examiner better measure it. With the rating criteria we have, even 1 mm could mean make a difference in your rating. If I ever have to go back in for another C&P exam where the rating is based on a measurement or ROM, I will ask if they have their ruler or goinometer. If they claim they don't need one, I will be like oh yes you do. You don't have one? Here, you can borrow mine. If they still refuse, I would ask for a new exam with a competent examiner who knows how to follow the regulations.
    • Gastone, or Berta,. Or anyone else wharT are your thoughts.





sfc ret

100% For Ptsd P&t But Employable

18 posts in this topic

At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.

So which is true?

I remember reading somewhere that if you are 100% for PTSD you are unemployable?

I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?

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At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.

So which is true?

I remember reading somewhere that if you are 100% for PTSD you are unemployable?

I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?

Apparently you are rated at SC'd at 100 percent due solely to PTSD -

this rating in of and by itself means your are unemployable - hence the 100 percent compensation.

This is a 100 percent scheduler rating that you have.

There would be no reason for you to get rated as unemployable (TDIU).

In your situation TDIU is a moot issue.

"At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD."

The person above has no idea what they are talking about and I would completely disregard

what they say.

JMHO

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Carlie's hit it on the mark! By virtue of being rated 100% schedular, for PTSD, you can't work. If you do, you will probably be reduced. If you want to and can work, go ahead but plan on having your VA comp reduced. Once you are rated 100% schedular, TDIU is no longer an issue.

pr

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you are 100% SC leave your claim alone. I had a vet that went on his own and pushed the IU even when the regulation states that at 100% SC you are not to do the claim. he was 100 SC pTSD HB. he lost the HB went to 70% got the IU. asked me to fix it. Sorry I siad I do not go back to fix something when you go behing the back.

Point is you have the 100% SC by regulation IU is not to be done as it is to only give a vet the pay to 100% something you are getting. That is why it is always the last part of the claim worked.

At a recent visit to the VA I was told buy a employee that I should be unemployable because of the 100% rating for PTSD. He referred me to another office to ask about this and possibly get it corrected. I went there and was told according to my paperwork I'm considered employable. My paperwork says employability is a moot point.

So which is true?

I remember reading somewhere that if you are 100% for PTSD you are unemployable?

I dont work and have not worked since leaving the army over two years now. How does becoming unemployable benefit me?

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Adora,

I don't understand the disagreement.

He's rated at 100% for PTSD.

Why would there be any reason to file a claim for unemployability -

IU would be a moot issue.

Help me understand what your disagreement is ?

Thanks

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Adora,

I don't understand the disagreement.

He's rated at 100% for PTSD.

Why would there be any reason to file a claim for unemployability -

IU would be a moot issue.

Help me understand what your disagreement is ?

Thanks

I agree that in this instant case, TDIU is a moot issue.

Here the BVA concludes,

1. The schedular criteria for an initial rating of 100 percent for PTSD have been met. 38 U.S.C.A. §§ 1155, 5103,

5103A, 5107 (West 2002); 38 C.F.R. § 4.130, Diagnostic Code 9411 (2002).

2. Because a 100 percent rating is warranted under schedular criteria, a claim of TDIU may not be considered. 38 C.F.R. § 4.16(a) (2002).

Edited by Wings

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