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Have You Ever Had Individual Unemployability (iu) Denied? If So


tssnave

Question

Have you ever had a request for IU denied?

If so, what was the reason they cited for the denial?

Were you able to prevail and get IU awarded?

If so, what did you do and what evidence did you send in to get the VA to award your IU?

Thanks,

TS

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  • HadIt.com Elder

Yes, IU was denied because even though I was 70% the VA said my SC condition was not the sole cause of my being unemployable. I got that fixed by sending in more medical evidence to rebut that contention. The condition that was not SC at the time is now SC anyway, but the VA will latch onto anything to deny at my VARO.

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I don't quite understand your response. You say you are 70% SC and was deined IU. I think you are contraditing yourself by saying that you submitted more medical evidence to establish SC and that now they are SC. I don't get it. (just concerned)

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Chongo - John said he WAS 70% SC (not that he is currently 70%) and was initally denied IU because "the VA said my SC condition was not the sole cause of my being unemployable. I got that fixed by sending in more medical evidence to rebut that contention (that contention being that his SC condition was not the sole cause of his being unemployable). The condition that was not SC at the time (of his first submission for IU) is now SC anyway, but the VA will latch onto anything to deny at my VARO."

There's no contridiction or cause for concern for John since he did prevail against the VA BS by sending in more medical evidence to prove his IU claim.

John - Forgive me for answering for you but I don't want the thread to get bogged down from a misunderstanding.

Other IU Vets - Whether you prevailed or not, tell us your story if you got denied for IU.

Thanks,

TS

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TS,

VARO denied my claim for IU stating my SC'd conditions were not the sole reason for IU.

In my opinion, anytime a claimant has conditions that are not SC'd VA throws that in there.

jmho,

carlie

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Was at 50% for ptsd then I filed appeal for increase. Denied 2 times. In the middle of the 1st and 2nd denial I filed for iu. From advice of hadit members. I sought stronger medical evidence. I had my va shrink state that I could no longer work becuase of my ptsd. Gaf score 48. Then I had the va voc rehab records stating I was unemployable due to ptsd. Then I sent it in to the ro. Also I put in for ssd at this time. Sent ssd the same evidence. And then I waited and waited and waited. 6 months later ssd called me and said I was approved first time around. 1 down 1 to go. Called the va and asked the status of my claim. Told them I was approved by ssd for ptsd. I was told my iu and increase would be done at the same time. Since I needed to be at 70% to get the iu. remember I was at 50% I needed 70% for iu. Then 3 weeks later my rep from the dav called. I was approved granted 70% and iu. So 6 months for ssd and almost 18 months to go from 50% to 70% and iu from the va. For anybody fighting the system medical evidence is what wins claims. Buddy statements family statements or anything that does not come from a doctor will not win a claim. If you have to hold your doctors hand and tell him or her what you need then do it. If they still wont listen then ask for another doctor that will. Its like any other goverment system you must learn how to play the game. You will get mad and pissed off. But that is good turn that anger into your claim. Ask the questions you need hear. Dont take no for a answer. Do your homework look at what others have used to win there claims. If I had found this website earlier I would have never been denied 2 times. Good luck.

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I was 50%MDD and seeing two shrinks, a trip to Palo Alto medical center for a day and a half and they determent I had 16 of 17 symptoms of PTSD. (I was never granted PTSD) I asked both shrinks I was seeing to read this report. In a few months I asked both shrinks to write a letter (may not have been the best way to do it) that I was capable or not to work. I know, don’t say it. One said not and the other said not but she added some things that were not service connected. Lower back and others. The VA did pick up on the condition that were not service connected but with the evidence I presented they granted 70% MDD and 100% TDIU. Still working on other stuff, bill

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  • HadIt.com Elder

Carlie, are you still trying to get tdiu? I am waiting for status on my application, even a notice letter would be good. best to ya,cg

TS,

VARO denied my claim for IU stating my SC'd conditions were not the sole reason for IU.

In my opinion, anytime a claimant has conditions that are not SC'd VA throws that in there.

jmho,

carlie

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  • HadIt.com Elder

Billy, good that you were granted the necessary ratings for MDD and TDIU! Requested increase for mdd here, my mdd has issues listed as subsets and is wordy, not specifically 'mdd ptsd w/mst'. I suppose its tolerable that docs and I understand. Hoping for the best for you! (and me).cg

I was 50%MDD and seeing two shrinks, a trip to Palo Alto medical center for a day and a half and they determent I had 16 of 17 symptoms of PTSD. (I was never granted PTSD) I asked both shrinks I was seeing to read this report. In a few months I asked both shrinks to write a letter (may not have been the best way to do it) that I was capable or not to work. I know, don't say it. One said not and the other said not but she added some things that were not service connected. Lower back and others. The VA did pick up on the condition that were not service connected but with the evidence I presented they granted 70% MDD and 100% TDIU. Still working on other stuff, bill
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tassnave wrote: "Have you ever had a request for IU denied?

If so, what was the reason they cited for the denial?

Were you able to prevail and get IU awarded?

If so, what did you do and what evidence did you send in to get the VA to award your IU?

Thanks,

TS "

Back in 2005 I filed a claim for s/c and at first I was denied due to lack of evidence of a nexus. With the help of Vike17 I sent in the right evidence that was needed the VA awared me s/c 50% in Feb 2007... A few weeks later due to the advice of Sixsence he helped me with applying for TDIU at first I was denied TDIU even though I have been on SSA since 2001 the VA cited that I was on SSA due to physical limitations...(VA must have had blinders on as well since I was first denied SSA in 2000 but in 2001 Major depression and Aniexty was added and I was awarded SSA)The Va stated in there denial since the sole reason that I was unable to work was due to a physical limination and not due to my s/c disablity request for TDIU is denied...so I had to go to the SSA and request the judges decision on my award along with all the questionairs that my husband filled out that clearly showed my limitations in quality of life ect. in the SSA decision the judge clearly stated that due to my MMD and anixety along with my airway diease I was no longer able to sustain gainful employment. Then I had my doctor review the VA c/p evaluation and she wrote up a letter as to why the percentage should have been higher based not only on her evaluation of my condition but the evaluation of the VA doctor clearly would warrent at least a 70% if not higher also she wrote that since 2001 she has been treating me and I had not worked at all during her care. In Aug 2007 I received not only a higher % of 70% but the VA awarded me TDIU P/T no further examinations. But they only retro me back to May 07 the date that my doctor wrote her letter...yet I have been in treatment since 2001 so go figure.

MT

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  • HadIt.com Elder

Wow, good going Vike and Six.

I am touched by your response to TS. Sad but glad to hear you have the needed P&T. Have you appealed the date for retro? best to ya, cg

tassnave wrote: "Have you ever had a request for IU denied?

If so, what was the reason they cited for the denial?

Were you able to prevail and get IU awarded?

If so, what did you do and what evidence did you send in to get the VA to award your IU?

Thanks,

TS "

Back in 2005 I filed a claim for s/c and at first I was denied due to lack of evidence of a nexus. With the help of Vike17 I sent in the right evidence that was needed the VA awared me s/c 50% in Feb 2007... A few weeks later due to the advice of Sixsence he helped me with applying for TDIU at first I was denied TDIU even though I have been on SSA since 2001 the VA cited that I was on SSA due to physical limitations...(VA must have had blinders on as well since I was first denied SSA in 2000 but in 2001 Major depression and Aniexty was added and I was awarded SSA)The Va stated in there denial since the sole reason that I was unable to work was due to a physical limination and not due to my s/c disablity request for TDIU is denied...so I had to go to the SSA and request the judges decision on my award along with all the questionairs that my husband filled out that clearly showed my limitations in quality of life ect. in the SSA decision the judge clearly stated that due to my MMD and anixety along with my airway diease I was no longer able to sustain gainful employment. Then I had my doctor review the VA c/p evaluation and she wrote up a letter as to why the percentage should have been higher based not only on her evaluation of my condition but the evaluation of the VA doctor clearly would warrent at least a 70% if not higher also she wrote that since 2001 she has been treating me and I had not worked at all during her care. In Aug 2007 I received not only a higher % of 70% but the VA awarded me TDIU P/T no further examinations. But they only retro me back to May 07 the date that my doctor wrote her letter...yet I have been in treatment since 2001 so go figure.

MT

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cowgirl wrote: "Sad but glad to hear you have the needed P&T"

thank you..

the fact is I do not discuss what happened to me to people in my everyday life, yet I can come here to this forum and bare my soul.. so in some ways it is a type of therapy to let some of the past go.

There are people who have known me for over 20 years that do not even know I was in the military nor know I am on SSA or VA comp. and most likely will never know.

I come from a large family and only 2 members know what happened to me back in the 70's, and if I could change just one thing in the past I would but since I can't I make the best out of each day and when the morning comes the first thought is I made it though another night and I thank God for being by my side.

Life is such a gift and when I read the trial and tribulation of fellow veterans in this site my problems are so insignificant that I feel guilty that I was able to get through the VA system so quickly.

Much of my success is due from reading the post of others and the courage they had to speak out when no one else would do so for them and I can not thank two very special men that helped me more then they can ever imagin from this site they know who they are. But, what I found in this site money can not buy..it is compassion from unknown hero's that have gave up so much already of themselves even though they themselves have heavy burden they carry yet.. still they take time from there busy lives and unselfisly help strangers... that now have in a way that only the heart can feel have become friends and extended family.

I have laughed at some of the antic of some of the fambly members...cried when I have read post of those closest to my heart...how much I want to see there story in the sucess pages I pray for them every night....I remember when I opened the success section and saw Betrayed success for the first time...I cried tears of joy for him and his family...I root for everyone here...and a quite stillness overcomes me when someone findly is granted compensation... I wouldn't say that a person earned there compensation for who would want to be so injured to have to even apply for it...but my firm belief is when a person serves there country and they were good enough for Uncle Sam to hire them and they entered in good faith in one piece then for what ever the reason they are injured my motto becomes... if you broke it fix it and if you can't compensate for it .

enough said...

MT

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  • HadIt.com Elder

Aw MT, well said and heartwarming, I too cheer and cry for others before myself. Now after reading your post, I got tears in my eyes and a silly sentimental smile on my face, wishin' the best to you and each here, cg

p.s. least I called VA and my SC increase w/tdiu request is in for now.

Edited by cowgirl
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  • HadIt.com Elder

MT:

I learned the hard way that the best policy for me is to say I worked hard retired early and am doing just fine. When I run into fellow travelers I am willing to share my experience and hopes with them.

I also learned that I was not the only one like me in 1991 on Prodigy Internet where about 50 people just like me shared almost every night and I found out I was not crazy and learned some tools to deal with my attacks.

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Yes, initially in 2004. The reason was as Carlie also stated. My inability to work was due to a non-service connected condition, in spite of the medical evidence showing the anatomical region had not changed...just the name of the condition.

Hopefully 2008 will be the Year that I experience a divine turn around and a reversal of the adverse.

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