thomasc

So I never made it to my reconsideration meeting, cuz VSO called and said "VA has agreed that I should be 100% T/P and will grant to the earliest effective date." I was looking for some answers at this meeting, but it sounds like the VA is going to do the right thing. I am going to still work on sleep apnea and TBI, these were under appeal and won't equal anymore money but will protect my family incase I died from either of these, or lose my mind(TBI).

Thanks for all the advise. Tomorrows my big day, and I hope to hear some good news, but in dealings with the VA I usually feel confused as they try to explain obvious wrongs! So I've found a Doctor to do an IME, and service connect my sleep apnea to PTSD. So now I am focused on 100% without TDIU, with sleep apnea rated I'll be bumped to 100% scheduler. Oh yeah, sleep apnea was denied in this same rating letter. I am just so tire of the VA bullying me around and my VA Doctors afraid to help because they might lose their jobs. Do VA doctors give up their Hippocratic oath? It amazes me when we have more than enough evidence, and the VA ignores it. Thanks again.

Hello Stillhere, Tell me exactly what you mean when you said "what they wrote is wrong you should be able to be approved in a heart beat." because it was all wrong!

I just don't understand how a VA rater can determine if a veteran is able to "secure or maintain substantially gainful employment," and now they're asking C&P examiners to do this? What is the standard for determining "substantially gainful employment?" and where can I find it?

Sounds like its in the bag! If you let social security know your a wounded warrior they will expedite your claim decision, mine took 5 months from start to finish.

Congrats, its great to hear good news, as we all know what we've been through.

So did you ever have a meeting? are you fighting your denial? and if so how?

Wow, that was some excellent information. I always get shot down when I ask my doctors to fill out DBQ or told C&P will cover it. My OSA claim was denied without even giving me a C&P, but I am putting your articles to work in my Notice of disagreement.

So I was reading over my C&Ps report and the VA rater is asking the C&P examiner to provide "an opinion as to whether or not the veterans service connected disabilities render the veteran unable to secure or maintain substantially gainful employment." Does this seem like a question the VA rater should be answering the C&P examiner according to new FL 13-13? I have attached a Page from C&P, take a look at highlighted area, Thanks.

VA Denied IU because: "you have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. Examiners opined that your service-connected mental and physical disabilities do not preclude physical and sedentary employment." VA failed to address: Social Security Award for service connected issues Dr. Letter stating unemployability PTSD - inpatient

So I was denied TDIU back in Oct. 2013, and my VSO (Dec. 2013) recommended a reconsideration and requested a meeting with the rater. Today(Feb.2014), I received a letter from the VA with a meeting scheduled for next week. My VSO said I don't need to bring anything and not to worry if they bring up incompetency, but I don't feel like being ambushed. I don't want to be caught off guard or give the VA any ammo to use against me. So the Question is: Has anyone been through this? what was the outcome of your meeting? any other advise is appreciated, Thanks.

I would start by speaking to your local VA hospital. Veterans are referred to inpatient by the state they live. I know veterans in the states of New Mexico and Texas attend Arizona VA inpatient. Their is an application and an on phone interview performed. I did inpatient at the Tucson VA recently and we were not allowed to leave hospital grounds, doors lock at 8:00 every night, and medications are given on a strict schedule. If your husband is already rated for PTSD the process should be simple. Its best if he is referred by a social worker, or counselor as VA will arrange all transportation to and from, and he will be paid at 100% during treatment. I do warn! This is not an easy program and will dig deep inside his head and force recall of traumatic events over and over! Participation is required as classes are small. I could use another treatment myself, starting Vet center counseling soon! I hope this helps

Congrats, did you need any special exams or doctor letters? I am at 90% and just denied IU in Oct. 2013 with my claim filed back in April 2011. Any advise you could throw my way would be helpful.

Hey Loose Cannon, I've had a mixed experience with VA doctors, but for the most part its been positive. I know when I've asked my doctors to fill out DBQ's they say that will be done at C&P exam. My VA Psych. doctor wrote me a letter when I asked, but I recently asked again and she said that VA policy changed and that she would have to enter info. into my notes. My new PCP put me in for all kinds of tests, but it took 5 months to get an appointment. I know VA hospital vary greatly by states too!

So, I met with my VSO today to try discuss mistakes in my rating letter, but she kept shutting me down. She said "we have an informal meeting and to wait till then." Not sure what happens at these meets, but I figured a little planning couldn't hurt. You ever have that feeling like the VA's got to those people helping you with your claim? from VSOs to VA doctors kind of like they were warned not to help you. I can't stand it when my VSO reads off everything I've ever claimed, its like a way for her to put me in my place. VA reps do this too! Well if it was denied you don't have it, or it never happened! and shouldn't be questioned. Amazing, I thought I had everything in line, but find myself taking a step back.

Thanks Bertha, you Rock! Maybe I should have you look at the crazy rating letter from Feb. 2012. I've been typing my reply but when I go to post it all disappears. I was diagnosed with a TBI by the VA hospital did MRI, but never given a C&P. It's like the VA just ignored all the evidence, and made a decision(back log). TBIs weren't really documented that well when OEF first kicked off(2002), but was just considered a bump to the head. Its in my PTSD counseling notes. My GERD includes a bunch of other Gastro conditions, but VA blames all my conditions on either my GERD or PTSD(headaches, sleep disturbances, fatigue). It seems VA doctors are afraid to give diagnoses, or tell Veterans what's really going on. I understand their catch 22, but its not fair to Veterans. It seems that my VSO would rather not call a CUE on the VA, not sure why. I sense a good old boy system. Sometimes I wonder if VSOs forget who their representing(Veterans or VA). I notice I get some action when I mention revoking power of attorney. I was talking to a VSO who said "you should be happy with 90%" I was thinking WTF are you talking about, happy! He also said "he would never go to a VA hospital!" Wow, kind of defeats the purpose of having a VA hospital. As Veterans we shouldn't avoid VA hospitals, but continue to request fair treatment. Thanks, again.

Wow, thanks for the fast replies! I went down to regional VA today and got a copy of FL 08-06(Feb 28, 2008) along with a couple old denial letters. I was in the habit of just shredding denied ratings, but now realize they are a tool to be used. Well when waiting I noticed that the date of the claim was off by a year, should have been a year earlier. I couldn't believe I hadn't notice, and asked the VA representative "what's the best way to fix this?" She said "ask for an earlier effective date." Does this sound right? I have attached: the VA evidence list the VA narrative used to deny my IU FL 08-06 Feb. 28, 2008 My SSDI award was based solely on my service connect disabilities. My VA Psych. Doc. wrote a letter stating my unemployability. Voc. Rehab kicked me out of the program said I missed appointments, but I was never notified. Thanks

I could really use some direction, just really confused and tired of being patient! So I think I might have a CUE. July 2010, I was awarded 70% PTSD, 30% GERD, 10% ankle = 80%. I asked for an increase in PTSD and GERD and VA logged it as an appeal. April 2011, I submitted for TDIU using 8940, turned in supporting evidence from Voc. Rehab (Oct. 2011), mental health doctor letter(Oct. 2011), SSA Award(Nov. 2011). Feb. 2012, I receive a letter stating that Entitlement to Individual Unemployability is deferred because additional information or evidence is needed, IU will be address after appeal issues are decided. May 2012, VA sends me a letter stating that my IU and appeal are intertwined. My VSO recommended withdrawing the appeal so IU could be decided, and so we did this. Oct. 2013, receive rating letter with PTSD 70% staying the same, GERD 30->60%, no mention of ankle increase, with a denial of TDIU, because "I have not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities." I guess the good news is VA paid me for my time at PTSD inpatient. So its hard to know were to start my questions exactly, but it seems that VA was wrong to defer TDIU when they had all the evidence needed to make a decision. Could I CUE this using Rice V Shinseki as this should not have been a separate claim for benefits but an entitlement? Does the VA think SSDI is a gainful occupation? My rating letter made no reference to SSA award but has it in evidence section. I keep thinking asking for an increase(appeal) and TDIU should not have intertwined, but just another VA delay tactic. I've been trying to find FL 08-06 (feb 27,2008) as it is referenced in TL 10-07 section The Rating Decision and explains resolving deferrals. Thanks for reading and any advise would be greatly appreciated.

Hello, I've been searching for FL 08-06 (Feb 27, 2008), its referenced in TL 10-07 section with The Rating Decision. My claim for TDIU was deferred Feb 2012 and never given a formal rating. It seems FL 08-06 (Feb 27, 2008) has disappeared. Any help would be greatly appreciated, thank you.