tdiu Good Evidence Or No?

[scout1069]

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?

[Berta]

"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."

In my opinion it does not say enough at all.

A determination by Voc Rehab that states the veteran's Service Connected disabilities render the Voc Rehab program as unfeasible for the veteran-is proof of unemployability due to service.

"There's more to that"

We need to see the "more to that" part.

[john999]

I think you need an independent medical opinion from a psychiatrist which will conclude that you are totally disabled due solely to your SC conditions. The VA is just playing games with you. I got IU from the St. Petersburg VARO and I was 70%. I got denied the first time I applied for IU even though I was on SSD and disability retirement from the federal civil service. I got an IMO and that put me over. I do think if you stay with it and appeal this awful decision you can win.

[cooter]

You have a PM John

[Bravo6]

IMHO........The statement from the Voc Rehab Counselor would put you over the top in getting granted TDIU.

I was in a similar situation I had a VRC come to my house for an ILS assessment and wrote a letter stating that I was not feasible for employment! The next week I was approved for TDIU!

Best of Luck!

B6

[scout1069]

Today I got a letter requesting that I send in any SS med recs, but I don't have any because I'm not receiving anything from SSDI yet. Do I need to answer this letter now? And what, if any, forms should I be using? If I don't send a response, will it hold up my claim? There was no timeline to do anything written on the letter.

IMHO........The statement from the Voc Rehab Counselor would put you over the top in getting granted TDIU.

I was in a similar situation I had a VRC come to my house for an ILS assessment and wrote a letter stating that I was not feasible for employment! The next week I was approved for TDIU!

Best of Luck!

B6

[scout1069]

Okay, here are both letters in entirety.

Letter # 1: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We met on 10/06/2010 for orientation and found you to have an employment handicap and entitled to Chapter 31. We reviewed your record and determined that your employment abilities along with intensive medical treatment do not make it practical for employment.

We completed a Preliminary Independent Living Evaluation. You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication. Further exploration did not support a need for independent living services. You are actively receiving medical services from your medical professionals at the VAMC. They are addressing many of your concerns and working with you to overcome your mental and physical disabilities. You report to have family support in the area.

You met with the Wounded Warrior Project Representative and you declined the TRACK program because it would interfere with your medical treatment. A referral was sent to your VAMC provider for consideration to the Compensated Work Therapy Program (CWT) and feasibility for inpatient treatment. A review of your medical notes shows that you have discussed these options with your provider and are reluctant to pursue inpatient services because of personal obligations.

You were instructed to contact me regarding a review of your Chapter 31 Rehabilitation Options. I left a message on 10/22/2010 and have not heard from you regarding your intent on using your benefits. (Since then, I have spoken to my counselor and was supposed to have had an ILS contractor come to my house for an eval. Waited about 3 weeks and called counselor back and was told there was no funding available for ILS.)

Letter #2: 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.

We completed a Preliminary Independent Living Evaluation. You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication. Further exploration did not support a need for independent living services. You are actively receiving medical services from your medical professionals at the VAMC. They are addressing many of your concerns and working with you to overcome your mental and physical disabilities. You report to have family support in the area.

You met with the Wounded Warrior Project Representative and you declined the TRACK program because it would interfere with your medical treatment. A referral was sent to your VAMC provider for consideration to the Compensated Work Therapy Program (CWT) and feasibility for inpatient treatment. A review of your medical notes shows that you have discussed these options with your provider and are reluctant to pursue inpatient services because of personal obligations.

Because I am denying you participation in a return-to-work program, I am required by VA regulations to provide you with your appellate rights. This way, if you disagree with our decision to deny you this benefit, you or your accredited representative may request an administrative review by righting a letter to this office stating the reasons for your disagreement. You or your representative may also formally appeal this decision by following the procedures outlined on the attached VA Form 4107, Notice of Procedural and Appellate Rights. You should note, however, that you cannot request an administrative review after you have submitted an appeal.

If you disagree with this decision you will need to contact me within 30 days from the date of this letter with support showing you could benefit or have a need for Independent Living or return-to-work services. I can be reached by calling XXX-XXX-XXXX or e-mail @va.gov.

quote name='Berta' timestamp='1291300280' post='227198']

"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."

In my opinion it does not say enough at all.

A determination by Voc Rehab that states the veteran's Service Connected disabilities render the Voc Rehab program as unfeasible for the veteran-is proof of unemployability due to service.

"There's more to that"

We need to see the "more to that" part.