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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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Okay, so I just got a call from my Voc-Rehab counselor telling me that the reason I have not gotten a call was because they do not have the funding to do the assessment. And this will not hold up my IU claim. Is this correct and also, my wife wants to get a congressman involved and ask why my claim hasn't been approved and to complain about the lack of funding issue. Is this wise? Will that hold up the claim?

Thanks in advance

Scout

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"Is this correct and also, my wife wants to get a congressman involved and ask why my claim hasn't been approved and to complain about the lack of funding issue. Is this wise? Will that hold up the claim?"

If you mean the IU claim- in my opinion a COngressional Inquiry will stall it for months.

Congress people don't award claims- Medical evidence does.

Has the VA contacted your past employers for the TDIU claim?

Have you had any additional C & P exams for the TDIU claim?

"a history of violence towards others," is that supported by any police complaints or statements from the significant other?

"medicated to the point of confusion," did you under Remarks on te 21-8940 tell the VA how yor SC meds hinder your ability to work by causing confusion, sleepnessness, or drowsiness, -do the meds say Do not Take a Drive? -

If you mean the 21 day Inhouse PTSD program-this might help your claim.And it will help you.

What is your PTSD rating now?

Was the TDIU requested primarily due to the PTSD?

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Thank you for replying so quickly, Berta. Yes I was talking about the IU claim being stalled and that's what I figured as well as the statement about congress not awarding the claim.

The VA did contact my former employers, but only got a reply from one.

I had a C&P exam done 3 Aug. 2010 and got denial letter 2 weeks later, so it's being appealed and sent them in evidence that I picked out from my records along with Voc-Rehab denial letters.

As far as the statements from others regarding violence, no I didn't think the VA would take anything like that into account.

I did not put any remarks on the 21-8940, but all my meds say "may cause dizziness and drowsiness. use care when driving or operating machinery", on the bottles.

I was told it is an 8 week inpatient treatment down at Bay Pines in St. Pete, FL. And yes I am working on the application for it. I am told the program is outstanding and will help me alot.

I am currently rated 70% PTSD, 20% cervical spine spondylosis, 20% lumbar fracture L1 & L2.

The TDIU was requested for all ratings due to the only things I am trained and could make money at are carpentry and security/police work.

I was a scout in the Army for 8 yrs with 1 deployment to Kosovo and 3 deployments to Iraq. The PTSD is a no-brainer or should be to the VA. I am currently using the services or the DAV for help on my claim, but they never said anything about being able to remark on any forms about anything. Now I feel like the guy doesn't know what he's doing, but I'm getting educated for sure. Hopefully I'll be able to chime in on here and help someday. Thanks again.

"Is this correct and also, my wife wants to get a congressman involved and ask why my claim hasn't been approved and to complain about the lack of funding issue. Is this wise? Will that hold up the claim?"

If you mean the IU claim- in my opinion a COngressional Inquiry will stall it for months.

Congress people don't award claims- Medical evidence does.

Has the VA contacted your past employers for the TDIU claim?

Have you had any additional C & P exams for the TDIU claim?

"a history of violence towards others," is that supported by any police complaints or statements from the significant other?

"medicated to the point of confusion," did you under Remarks on te 21-8940 tell the VA how yor SC meds hinder your ability to work by causing confusion, sleepnessness, or drowsiness, -do the meds say Do not Take a Drive? -

If you mean the 21 day Inhouse PTSD program-this might help your claim.And it will help you.

What is your PTSD rating now?

Was the TDIU requested primarily due to the PTSD?

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"got denial letter 2 weeks later,"

Can you scan the Reasons and BAses for denial and attach here (Cover personal info) or tell us exactly how they worded the denial?

Do you get SSA disability benefits? and if so-are they for the same conditions you are claiming?

Did the vet rep think you should fall under the new PTSD criteria?(In our PTSD forum)

"I had a C&P exam done 3 Aug. 2010 and got denial letter 2 weeks later, so it's being appealed and sent them in evidence that I picked out from my records along with Voc-Rehab denial letters."

Did you get a copy of the C & P results yet? You have to formally request that from the VA that performed the C & P.

If Voc Rehab stated anywhere that your SC disabilities make Voc rehab unfeasible for you- this is proof positive of unemployability.

WOW a denial 2 weeks from a C & P?

I wonder if they even had time to read the C & P?

That is fast for the VA.......

If I were you I would stay with the DAV guy-I don't think many reps advise adding more info to the TDIU form.But the form itself gives opportunity to do just that under # 25.

I don't know why reps don't help to develop the 21-8940 claims better- as some of the info a vet adds under Remarks could be quite critical to their decision.

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Okay this is going to be long, but bear with me and I'll break it up for everyone here.

Decision letter dated 23 Aug. 2010, Rating decision is dated 12 Aug. 2010. Decision: Entitlement to IU is denied.

Evidence: VA 21-8940 received Dec 11, 2009 and Feb 18, 2010. VA 21-4192 x2 received Apr. 5, 2010 and Apr. 9, 2010. Review exam for PTSD conducted on Aug 3, 2010. Skin diseases other than scars exam conducted Aug. 3, 2010. Letter sent to Vet on Mar. 10, 2010.

Reason for decision: Entitlement to IU is denied because you have not been found unable to secure or follow substantially gainful occupation as a result of service connected disabilities.

For entitlement to IU benefits, it must be shown that there are exceptional circumstances documented which place a veteran in a different position from other veterans with similar disabilities. VA will grant a total rating for compensation purposes based on unemployability when the evidence shows that the veteran is precluded from obtaining or maintaining any gainful employment consistent with his educational and occupational experience, by reason of his service connected disabilities. The sole factor that a claimant is unemployed or has difficulty obtaining employment is not enough. A higher rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment.

Then it quotes 38 CFR 4.16

We reviewed VA form 21-8940 received Dec 11, 2009 and Feb 18, 2010. You reported an education level of 4 yrs. high school. You have not tried to obtain employment since you became too disabled to work and you have not undergone any training since you became too disabled to work. We sent a VA form 21-4192 to each of your former employers. (1st employer indicated no lost days due to disability and reason for term. was due to lack of work.)( 2nd employer indicated no loss of days due to disability and reason for term. not stated, but lack of work as well.)

A review exam for PTSD and a skin disease (other than scar) exams were conducted at Gainesville VAMC on Aug. 3, 2010 in order to determine any functional impairment that is attributable to your service connected disabilities. Upon physical and mental status evaluation, the examiner rendered a medical opinion that your service connected disabilities should not preclude you from physical or sedentary employment. The evidence fails to establish that your case presents such an exceptional or unusual disability picture, with related factors as marked interference with employment or frequent periods of hospitalization, to render the schedular standards for unemployability impractical; nor did the evidence show you have peculiar circumstances which place you in a different position from other veterans with a like level of disability.

Based on the evidence now of record, it is not shown that you are precluded from all forms of substantially gainful employment due solely to the nature and severity of your service connected disabilities, absent other considerations, including your age, education and medical conditions of non-service origin. Entitlement to IU is denied as the evidence of record shows that you are considered capable of gainful employment.

I have been denied SSDI, but I am going to reapply next month. I heard it would be faster to wait the 60 day appeal time out and reapply using the same evidence.

I was medically retired from the Army for PTSD, so does that matter regarding the new regs?

I got a copy of the Aug. 2010 C&P through release of records.

Voc-Rehab letter #1: 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. There's more but I think what you need to see is right there in that 1st sentence. Voc-Rehab letter #2: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. There's more to that one as well, but again, that 1st sentence says enough.

Yeah C&P done on Aug. 3, 2010, rating decision done on Aug 12, 2010, denial letter stamped Aug 23, 2010

I'm sorry that was a long one and thank you again for the help.

"got denial letter 2 weeks later,"

Can you scan the Reasons and BAses for denial and attach here (Cover personal info) or tell us exactly how they worded the denial?

Do you get SSA disability benefits? and if so-are they for the same conditions you are claiming?

Did the vet rep think you should fall under the new PTSD criteria?(In our PTSD forum)

"I had a C&P exam done 3 Aug. 2010 and got denial letter 2 weeks later, so it's being appealed and sent them in evidence that I picked out from my records along with Voc-Rehab denial letters."

Did you get a copy of the C & P results yet? You have to formally request that from the VA that performed the C & P.

If Voc Rehab stated anywhere that your SC disabilities make Voc rehab unfeasible for you- this is proof positive of unemployability.

WOW a denial 2 weeks from a C & P?

I wonder if they even had time to read the C & P?

That is fast for the VA.......

If I were you I would stay with the DAV guy-I don't think many reps advise adding more info to the TDIU form.But the form itself gives opportunity to do just that under # 25.

I don't know why reps don't help to develop the 21-8940 claims better- as some of the info a vet adds under Remarks could be quite critical to their decision.

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Soooo........any takers on this one here? I need reassurance. All my confidence with anything got flushed along with my Army career. Thanks for any replies.

Okay this is going to be long, but bear with me and I'll break it up for everyone here.

Decision letter dated 23 Aug. 2010, Rating decision is dated 12 Aug. 2010. Decision: Entitlement to IU is denied.

Evidence: VA 21-8940 received Dec 11, 2009 and Feb 18, 2010. VA 21-4192 x2 received Apr. 5, 2010 and Apr. 9, 2010. Review exam for PTSD conducted on Aug 3, 2010. Skin diseases other than scars exam conducted Aug. 3, 2010. Letter sent to Vet on Mar. 10, 2010.

Reason for decision: Entitlement to IU is denied because you have not been found unable to secure or follow substantially gainful occupation as a result of service connected disabilities.

For entitlement to IU benefits, it must be shown that there are exceptional circumstances documented which place a veteran in a different position from other veterans with similar disabilities. VA will grant a total rating for compensation purposes based on unemployability when the evidence shows that the veteran is precluded from obtaining or maintaining any gainful employment consistent with his educational and occupational experience, by reason of his service connected disabilities. The sole factor that a claimant is unemployed or has difficulty obtaining employment is not enough. A higher rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment.

Then it quotes 38 CFR 4.16

We reviewed VA form 21-8940 received Dec 11, 2009 and Feb 18, 2010. You reported an education level of 4 yrs. high school. You have not tried to obtain employment since you became too disabled to work and you have not undergone any training since you became too disabled to work. We sent a VA form 21-4192 to each of your former employers. (1st employer indicated no lost days due to disability and reason for term. was due to lack of work.)( 2nd employer indicated no loss of days due to disability and reason for term. not stated, but lack of work as well.)

A review exam for PTSD and a skin disease (other than scar) exams were conducted at Gainesville VAMC on Aug. 3, 2010 in order to determine any functional impairment that is attributable to your service connected disabilities. Upon physical and mental status evaluation, the examiner rendered a medical opinion that your service connected disabilities should not preclude you from physical or sedentary employment. The evidence fails to establish that your case presents such an exceptional or unusual disability picture, with related factors as marked interference with employment or frequent periods of hospitalization, to render the schedular standards for unemployability impractical; nor did the evidence show you have peculiar circumstances which place you in a different position from other veterans with a like level of disability.

Based on the evidence now of record, it is not shown that you are precluded from all forms of substantially gainful employment due solely to the nature and severity of your service connected disabilities, absent other considerations, including your age, education and medical conditions of non-service origin. Entitlement to IU is denied as the evidence of record shows that you are considered capable of gainful employment.

I have been denied SSDI, but I am going to reapply next month. I heard it would be faster to wait the 60 day appeal time out and reapply using the same evidence.

I was medically retired from the Army for PTSD, so does that matter regarding the new regs?

I got a copy of the Aug. 2010 C&P through release of records.

Voc-Rehab letter #1: 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. There's more but I think what you need to see is right there in that 1st sentence. Voc-Rehab letter #2: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. There's more to that one as well, but again, that 1st sentence says enough.

Yeah C&P done on Aug. 3, 2010, rating decision done on Aug 12, 2010, denial letter stamped Aug 23, 2010

I'm sorry that was a long one and thank you again for the help.

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