Pt/iu Question

[jmlo]

I am currently rated at 60% combined with a claim that recently was denied twice and then went to DRO who also denied. I sent facts about my case from the CFR and asked for a hearing at the VARO in Roanoke. It was scheduled for 1/9 (tomorrow) but yesterday my VSO rep called to tell me that there was no need to come because a few days prior the VA decided to give me the max award for my fibro 40%. So, 60 + 40 = 100. Well, not to the VA . It looks like my new combined rating will be 80% (40 + 30 + 20 + 10 + 10). Does anyone know if I am eligible for PT/IU? I haven't worked in two years. Also, SSA denied me all the way up to the ALJ. I'm now trying to decide whether or not to appeal before the board.

Also, I'm not really sure why VA decided to give me my award without the hearing. I'm not complaining though, it saves me a miserable 5 hour trip to Roanoke!

Thanks for any help.

[Jim MAC]

Hopefully Roanoke will treat you better then me. 5 hours? You must be close by due you use the Hampton VAMC maybe we can get together for a beer

Jim

[spike]

JMLO,

This is such a touch and go subject. I have HEARD claims being approved for I/U as low as a 50% combined rating. Not many however. In your case, I can't say for sure. However, If your service connected disabilities whatever they are prevent you from working (Even with PTSD), then filing an I/U should suffice. However, with I/U the VARO will independently send correspondence to the previous employers (something like last ten years) and request they fill out a form. I.E. made an special accomodations, etc. Your I/U request *MAY* be having an issue with something they may have said. However, in most cases I/U is USUALLY granted at 70% and higher. In order to get a P&T claim. Your SC claim must be evaluated by a doctor as permanent in nature.

Most PTSD claims after being re-evaluated become a PT claim, depending on how severe, and if the vet has been having constant problems despite counseling, medication and in most cases intense counseling or problems with social things.

My quick and personal opinion and not the opinion of any organization I affiliate with is....if you haven't worked in two years and if it IS in fact due to SC disabilites, you should fight the fight up the flagpole of the VARO. I will let you know that in previous discussions with the VBA Vet I know who works in the office, the opinion of him is that the VBA in cases where it is a "draw" arguement between the VA and the Vet, they usually side with the Vet. Just a little bit of personal conversation. Added there....the choice ultimately is up to you only.

[jmlo]

Mac, yes to Hampton VAMC. Sounds good!

Thanks spike!

[Dale Jr. 8]

Jmlo,

In 2005 VARO Winston-Salem tried to cut me from 50% to 30% based on a 5 minute C&P exam. I asked for a personal hearing and 4 days before the hearing my SO called to say that the RO had changed their mind and there would be no reduction and that I would not need to come for the hearing unless I wanted to.. DJ 8

[Josephine]

I am currently rated at 60% combined with a claim that recently was denied twice and then went to DRO who also denied. I sent facts about my case from the CFR and asked for a hearing at the VARO in Roanoke. It was scheduled for 1/9 (tomorrow) but yesterday my VSO rep called to tell me that there was no need to come because a few days prior the VA decided to give me the max award for my fibro 40%. So, 60 + 40 = 100. Well, not to the VA . It looks like my new combined rating will be 80% (40 + 30 + 20 + 10 + 10). Does anyone know if I am eligible for PT/IU? I haven't worked in two years. Also, SSA denied me all the way up to the ALJ. I'm now trying to decide whether or not to appeal before the board.

Also, I'm not really sure why VA decided to give me my award without the hearing. I'm not complaining though, it saves me a miserable 5 hour trip to Roanoke!

Thanks for any help.

Jmlo,

I believe this office is coming under a little fire. I know them all

too well.

Always,

Betty