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Good Evidence Or No?

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scout1069

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I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?

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On 10/26/2010 at 4:56 PM, scout1069 said:

I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?

That feasibility letter is Golden when applying for TDIU. Use that letter with your claim. Also apply for SSDI and submit that letter to SSDI with the claim.

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Yes for both, you may not need anymore evidence - but more never hurts.

Thanks for the quick response. Okay, now what does that do to or for a De Novo reveiw that my VSO apparently put me in for? My VARO is in St. Pete, FL. if that helps you answer.

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Make sure that your VSO and the VARO gets this evidence. Yes, your VOC Rehab Counselor and your VSO should make sure this evidence gets connected to your claim as soon as possible but they may not and you want all the evidence in-front of the DRO when he or she reviews your file.

Hope the best

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Okay now they want to bring someone in for a more in-depth look at independent living. Any advice? What exactly is this?

St. Pete VARO - SUX - I'm just finishing up at BVA with claims from ST Pete VARO that

date back to 1978, that's 32 years !

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