I am hoping that someone can provide some insight regarding my situation. I am currently rated at 70% for bipolar disorder and was awarded Social Security benefits for the same disability. A few weeks ago, I was notified that my claim for TDIU was denied. It took six months for the Boston regional office to write a short paragraph stating that I was denied benefits because I quit my last job and because none of my former employers returned the Form 21-4192. In reality, however, my former employers did return the form and this fact was acknowledged in writing through IRIS. Also, I “quit” my job pursuant to medical advice from my VA healthcare providers. Furthermore, my last position was only part time and fit the definition of marginal employment under 38 CFR Sec. 4.16. It is well-documented in my VA treatment records that I have been unemployable since 2006, yet the rating board failed to acknowledge any of the treatment notes. In addition, in response to the regional office’s own request, I sent them copies of my SS award letter along with a letter confirming that my benefits were for bipolar disorder. This was excluded from the evidence of record and I have proof that they received it.
Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???
I filed a Notice of Disagreement the same week I received the denial letter and to my surprise, my DRO hearing has already been scheduled for June 17. Does anyone think it is likely that the DRO will overturn the rating decision and award benefits? I have a mountain of evidence in support of my claim and the RO doesn’t have anything (i.e., independent medical examination) to rebut my evidence. Thanks for all the advice.
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Sergeant G
Hi,
I am hoping that someone can provide some insight regarding my situation. I am currently rated at 70% for bipolar disorder and was awarded Social Security benefits for the same disability. A few weeks ago, I was notified that my claim for TDIU was denied. It took six months for the Boston regional office to write a short paragraph stating that I was denied benefits because I quit my last job and because none of my former employers returned the Form 21-4192. In reality, however, my former employers did return the form and this fact was acknowledged in writing through IRIS. Also, I “quit” my job pursuant to medical advice from my VA healthcare providers. Furthermore, my last position was only part time and fit the definition of marginal employment under 38 CFR Sec. 4.16. It is well-documented in my VA treatment records that I have been unemployable since 2006, yet the rating board failed to acknowledge any of the treatment notes. In addition, in response to the regional office’s own request, I sent them copies of my SS award letter along with a letter confirming that my benefits were for bipolar disorder. This was excluded from the evidence of record and I have proof that they received it.
Can anyone explain how I can have VA healthcare providers state that I am unemployable, and have another federal agency determine that I am totally disabled, yet have some moron deny my claim. WTF???
I filed a Notice of Disagreement the same week I received the denial letter and to my surprise, my DRO hearing has already been scheduled for June 17. Does anyone think it is likely that the DRO will overturn the rating decision and award benefits? I have a mountain of evidence in support of my claim and the RO doesn’t have anything (i.e., independent medical examination) to rebut my evidence. Thanks for all the advice.
Semper Fi,
Sergeant G
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