RSG

Yes Berta, Thank you for your help.. I weill run copies if those documents and mail them....I did submit the CUE to John999, and jbasser as you suggested. I have of yet to hear any comments.....from either. I sent them a complete copy of what I am submitting....Thank you again for all your help..... Please, I have tried download these sections of the Cfr's and thia computer just won't do it. can somebody send me a link to these cfr's or something...The are listed in the previuos message from Berta.....thanks RSG

All the information was in the VA's hands.. I was denied because they used information that was, and it has been in my SMR's,since day one... and they have ignored all the facts up until 2009....when the BVA said they were wrong...and the VA used untrue and fabricated facts on their part.......and totally ignored my SMR's and never issued a C&P exam for any of the multiple claims i filed....RSG

The CUE has nothing to do with this claim for IU..The CUE is for the past 40 years, since 09 to 69. The VA continually denied me any and everything for this period of time time.....They never gave me any C&P's , absolutely nothin for all those years even though I have struggled with this mental health issue for a very long time..Since 69.....That is why I am filing...RSG

can't seem to find out what more, in the way of forms or paperwork, I might need to file a CUE. over and above the Letter or SOC I am mailing. Is there anything else I need to do... RSG

You hit that nail on the head....And I am gonna stay angry about it until I do accomplish my task........PERIOD ....

Thank you, That's an excellent thought.... I should probably try that....... The following statement occured to me after I read yours, and I thought it was comical.... but sometimes, I think, that this statement reflects the way the VA thinks... But then the VA would say," Because I looked for a job, and had multiple letters from prospective employers on dates that were supposed to be after my disabilties occured, I was not disabled..... therefore your claim is denied" ....LOL

Hi Berta, I already found out that all the car quest stores are franchised stores. THe carquest operation has no oversiight capabilities with reference to them keeping employment records...I did check with them to see if they had anything. the response I got wasd, They found my name on one pice of paper, and it had nothing to do with employment. I reqiuested a letter and they refused..... RSG

I keep trying to find an attorney, the one I did have wrote me today and dismissed me as his client..don't know exactly why, but I don't think he wanted to handle my CUE....that figures...So they now won't do anything with my claim....RSG

Hi Berta, I don't know if I should have sent the CUE, because I was told that the VA does not multi-task very well. And it would confuse the issue with the IU, if I did send it in... Obviuosly it's confused enough right now... I will be sending it off in a couple days. Do I need to do anything else to acheive an EED dating back to "69", or will the CUE accomplish the task....tnx RSG

The BVA SC'd me in 2009, for 70%, the paper work you saw, that I posted was from the DRO w/ reference to the denial of IU about 2 weeks ago. tnx

Hi CArlie, no it has not gone to the BVA, it went thru a DRO and they denied it, and told me to send it to the BVA...

I feel the contamination would have affeted everyone who was stationed there....From the time the NAvy took over the island...

I know that all the Barracks on the north end of the isalnd were built on top of a toxic waste site that is now covered in multiple feet of concrete....

There was a lot of asbestos in those old barracks, you could actually see it floating around inside the building.

Both bases were contaminated, TI also had radioactivity, found..

Well I guess I don't understand why there is a difference between suffering major depression/****, and being treated for it in the service for 5 month's,being fired/discharged because of itin "69" filing claims for depression for from "69" till 2004 and being denied, again, again, again ,being treated again in 1995. being retired for major depression bt SSA, in 01, being treated for the same by the VA starting again in 2001, until the present and being described by the VA Shrinks with a 40 or below gaf score, can not tell that this is not service connected.... But the BVA already said It was and it is SC"d in 09.retro to 02.But, it's still not a valid claim. I don't know what else I can do.... I guess that's how are friendly VA see's the whole deal..... by the way I was a design eng....for 35 years, and my ability to remember how to do that is entirely gone along with my comprehension electronic mechanical design systems,, my abilty to do simple/advanced math, my abilty to spatially build a device and then build it is gone......Not to mention the PHYsical issues.. I guess I am just so frustrated I am having a hard time....... I am sorry for bothering you guy's.

Makes sense to me.....All I see in the decision is that it's the employment thing.... but there again maybe I just can't understand what I am reading. in either case.. I found this with help...maybe this is a clue.... tnx, RSG The VA’s Individual Unemployability program Did you know that you don’t have to be rated 100% disabled by the VA to receive compensation at the 100% rate? Sounds counterintuitive, right? However, under the VA’s Individual Unemployability program veterans may receive 100% rating compensation if they are unable to maintain substantially gainful employment. How does the VA define “substantially gainful employment?” Substantially gainful employment is “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.” That means, that even if you are not rated 100% disabled AND work but are not gainfully employed as defined above, you may be eligible for 100% disability compensation so long as your income does not exceed the poverty level. Who is eligible for this special benefit? Veterans with one service-connected disability rating of 60% or more OR veterans with two or more service-connected disabilities so long as one disability rating was at least 40% and you have a combined rating of at least 70%. Even if you don’t meet these rating requirements, you may still be considered unemployable and qualify for Individual Unemployability. Additionally, if you have evidence of an exceptional or unusual circumstance where your disability interferes with your job or requires frequent hospitalizations, you may be eligible for the program. and this.... Total disability based upon individual unemployability - TDIU - is an extraordinary remedy available to veterans who do not meet the 100% disability requirement, but who are otherwise unable to secure a "substantially gainful occupation". In these instances a veteran may be awarded TDIU and receive monthly disability compensation benefits as if rated 100% even though the veteran has not received an 100% disability rating. The TDIU Approach to Disability Compensation The normal disability formula bases the dollar amount of monthly benefits on the percentage awarded. This percentage is determined on an averageimpairment of the ability to work. If a veteran receives a 30% disability rating for a service connected medical condition, the VA had found an averageveteran suffering from the same medical condition would be 30% disabled for VA purposes. It is an analysis which looks at a broad spectrum of all veterans. From it an average composite is created from which the disability regulations are based. TDIU bases the monthly compensation on the specificveteran's ability or lack thereof to work. To understand it another way, TDIU is an acknowledgement by the VA that even though the veteran, because of his or her specific conditions unique to the veteran, is not entitled to an 100% disability rating, overall objectively, there are subjective reasons unique to the individual veteran which allow the VA to assign to him a 100% disability rating. The VA focuses on the veteran as an individual, and not on how his or her medical condition measures up against an average composite of all other veterans. Basic Requirements to TDIU In order to qualify for TDIU consideration, the veteran must meet two threshold requirements. These are: 1. Is the veteran unable to secure, or follow substantially gainful occupation as a result of a service connected disability or disabilities? 2. If the veteran has only one service-connected disability, is it rated at or above 60%? Or, if the veteran has a combined disability of 70% or more, is one of the disability ratings at least 40%? If so, the veteran is entitled to consideration for TDIU. If it is awarded, a TDIU award may be temporary or permanent depending on the facts involved. Claims for TDIU are judged on a case by case basis. Each veteran's life is remarkably different. Accordingly, the awards are as unique. They are entirely fact specific. Occasional lapses in employment due to incapacity caused by the disability / disabilities often is not sufficient to trigger TDIU consideration. The VA examines the veteran's employment history, current employment status, and annual income from work amongst a host of other things. A Substantial Gainful Occupation The primary focus for an award of TDIU is whether the veteran can "secure a substantial gainful occupation". As a backdrop the VA reviews the veteran's earnings, his type of job skills, and the area in which he lives. The VA then compares the veteran's earnings to the earnings of a person likewise situated who does not suffer from the veteran's disability / disabilities. Marginal employment, which is normally defined as a job which generates an income less than the poverty threshold as defined by the Census Bureau, is not considered "substantial gainful employment". Accordingly, the veteran does not have to prove he is 100% unemployable. Establishing a veteran earns less than the poverty level is a significant step in establishing the first requirement. [However, in some instances such a when the veteran works for a family business or sheltered workshop - known as a "protected environment" - the veteran may earn more than the poverty threshold amount and still qualify for TDIU consideration.] Extraschedular TDIU In some instances the veteran may meet the first requirement [lack substantial gainful employment], but yet fail to meet the second requirement [a single 60% disability rating or 70% with multiple disabilities with one exceeding 40%]. In such an instance, the veteran may still be entitled to consideration for TDIU. This is based in the policy of the VA to rate all veterans as 100% disabled who are unemployable because of their service connected medical disabilities regardless of the percentage awarded. Normally, the VA must find the specific case presents such an exceptional or unusual disability picture the regular disability scheduler standards are not practical. Normally, the veteran's disabilities markedly interfere with employment or the veteran's frequent hospitalizations make employment not workable. In such extremely rare instances, the claim is referred to the Secretary's designated official to consider the claim on a special, unique basis. Non-Factors Although the focus is on the unique characteristics of veteran's situation, things which would seem reasonable to be considered are expressly not considered. These include the veteran's age, whether elderly or youthful, as well as the veteran's non-service connected disabilities. Obviously a veteran's age and his non-service connected disabilities impact his ability to have "substantial gainful occupation". However, the VA will not consider such in its determination and the veteran's advocate must be able to compartmentalize veteran's medical conditions in order to persuade the VA of veteran's entitlement to TDIU. The VA, in fact, will have expressly to explain in its decision a differentiation between the service-connected and non-service connected disabilities. Factors to be Considered The VA will consider the veteran's level of education, as well as his occupational history. However, a well-educated veteran who was recently employed may not be denied TDIU simply because he or she is well-educated and recently employed. The focus should be on the present status of the veteran's predicament. The VA additionally must examine the veteran's Social Security Administration disability benefits records if the veteran is receiving those benefits. The determination of disability for gainful employment by the Social Security Administration is relevant to the award of TDIU. As in every case, the "benefit of the doubt" always leans in favor of the veteran's claim. This is equally applicable to distinguishing between the effects of service-connected and non-service connected disabilities. Maybe these will help you...

tHANKS, i WILL TRY THAT... RSG

Hi carlie, I have submitted 2 IMO's already that state exactly what you specified. The last one was from approx 3 months ago.. RSG

Yes I have submitted that, and also shows multiple times the GAF score of 40 or below...

CArlie So, If I got a letter from my Va doctor stating that the I can not hold a position of employment should be what I need. Correct...and only because of the depression, correct? See that if you are 100% upfront and honest about everything the Va uses it against you correct.....pretty normal, me thinks.

I found that the Va has been trying to deny me because I had tried to work but couldn't. I earned less than the poverty level nor did I have a "substantially gainful employment" VA Quote.....So I think it's the same ole story, screw the VET any chance you get...They can't even consider income if it does not even reach the poverty level or their definition of substantially gainful employment...Tell me if I am wrong..... tnx

What is the VRE?