tdiu Unemployability Papers From Rater.

[Josephine 5]

I received this in the mail, but it actually did not tell me anymore about my last 5 years of employment than I had already sent to the Rater. it did give the parent companies name and address, for they are not listed as the employer that I worked for like mine says 5 and 10 cent store, for that is what is was called.

SOCIAL SECURITY ADMINISTRATION CERTIFICATION OF EXTRACT FROM RECORDS

12th July 2008 with the United States Seal and signed by:

Kathryn E. Fox

Division Director

Division of Earnings Record Operation

Office of Central Operations

It did give the parent companies name and address, for they are not listed as the employer that I worked for like mine says 5 and 10 cent store, for that is what is was called on this sheet it is called Variety Stores.

I also received from the R. O of course telling me how they denied me for headaches February 2004 with no mention of any NoD being sent in or that New and Material Evidence.

I really think I need not worry with this one. I used the Calculator and I would have to get an awful high rating to make it worth this mess again. I may be able to pull 10 or 20% rating and it looks like it may gain me from a 75 to a 78.

Unemployability

They want all the names and correct addresses of my last 5 employers.

Stated they looked on the internet and located my last employer and wanted to know if it was correct.

Yes, it was correct.

What good is it going to do for them to contact them when it has been over 25 years ago since I worked there?

I went out and talked to the administrator and she said they did not have the records that far back. Said she would fill it out as to that and return.

I am not at all satisfied with the low ball of 10% for 1992 - 1997 and 1998 - 2004 50% and 70% 2005 - present.

Here is my question, I have never held substantial employment since discharge in 1964 and it is stated in the IME by Dr. B. Cxxx.

Also the C&P of October 19, 2004, states I had to quit employment at English Meadows due to High Levels of Anxiety and this is noted in my post medical records.

I was given the 10% for 1992 - 1997- due to being married for 20 some years, got alone well with my children up and quit by job at English Mxxx on my own accord and had some nervous tension and had some friends.

That is not the truth.

1992 - My medical records state her daughter is divorced and expecting another baby. Betty's activity level is low and is working at home. Nerves bad as always. Increase Valium. Darvocet for headaches.

Anyway the C&P. I wish to try to set the record straight.

What if this PhD Psychologist states that I have been disabled since service and unable to secure gainful employment due to my service connected anxiety with depression.

Does the rating stay the same or does it change.

This may be a far off the wall question, but a sincere one.

Thanks,

Betty

This is my SS Earnings

1962 - 1,064

1963 - 1,172

1964 - 1,956

1965- 2,110

1966- 0

1967- 4,356

1968- 1,817

1969- 0

1970- 338

1971- 202

1973 - 1,584

1974- 3,899

1975- 198

1976 - 8.00

1977 - 0

1978- 0

1979 - 844.00

1980 - 2,507

1981 - 0

1982 - 1,619

1983 - 3,336

1984 - 2008 (0)

Edited July 31, 2008 by Josephine

[Berta 4,215]

I think that type of statement from the doctor would help- Josephine-the VA has to obtain,I believe, or at least try to obtain this type of employment data and the rating might be wrong.

They would have to determine if it was marginal employment- which it seems to be-

And after all they did award you an NSC pension that you could not get due to income (from your husband)

Josephine you ask good questions and I am happy that -these days-those questions arent along with the anxiety that the VA itself put on you during your claims process-

If the VA owes you more compensation I sure feel you should go for it-

and keep in mind the enormous victory you have finally won

because you were right and they were wrong-

and they sure might be wrong again.

[Josephine 5]

Thanks Berta,

When I go to this C&P, I have really been blessed to be seeing the

PhD that the VA tried so hard to make a fool of.

No, I refuse to allow the dealings and what the VA put me through to

enter our conversation. I am deeply disturbed by it all.

Know one should have to endure what I did. I have been so belittled,

called a liar, whore and just about every nasty thing you can call

someone.

I feel that since this doctor placed it into the record that I quit

my position in 1983 due to high levels of anxiety, he may be inclined

to do it again.

I didn't know how that would fit with their 10%.

They sure didn't use my medical records to rate this one.

I will see where it takes me.

Thanks as always,

Betty

[Hoppy 20]

Betty,

I have always told people to get the SSA earnings statements rather than just telling doctors or raters you have had difficulty with employment. By the way you made more money in that time period than I did.

The thing the VA looks for is how the doctor obtained the information as to the determination that you were not able to work. If it is based solely on your verbal statements that explain historical events the VA can disregard this as evidence. There are tons of BVA cases were this type of evidence is disallowed. The doctors need to tie it into the evidence of record. Your SSA statement is evidence of record. It backs up your claim of unemployability. It is the best evidence I have seen in your case.

[halos2 6]

Right Hoppy, they only want validated verified information. No he said, she said stuff.

Betty,

I have always told people to get the SSA earnings statements rather than just telling doctors or raters you have had difficulty with employment. By the way you made more money in that time period than I did.

The thing the VA looks for is how the doctor obtained the information as to the determination that you were not able to work. If it is based solely on your verbal statements that explain historical events the VA can disregard this as evidence. There are tons of BVA cases were this type of evidence is disallowed. The doctors need to tie it into the evidence of record. Your SSA statement is evidence of record. It backs up your claim of unemployability. It is the best evidence I have seen in your case.

[Josephine 5]

Betty,

I have always told people to get the SSA earnings statements rather than just telling doctors or raters you have had difficulty with employment. By the way you made more money in that time period than I did.

The thing the VA looks for is how the doctor obtained the information as to the determination that you were not able to work. If it is based solely on your verbal statements that explain historical events the VA can disregard this as evidence. There are tons of BVA cases were this type of evidence is disallowed. The doctors need to tie it into the evidence of record. Your SSA statement is evidence of record. It backs up your claim of unemployability. It is the best evidence I have seen in your case.

Hoppy,

I agree with you, but how do you get the rater to read the 43 years

of medical records. It is all there in black and white.

There is not one statement in my medical records to support that I

ever got alone with my husband or children. There is sure no

statement that I had lots of friends and that on my own

account up and quit my job for employment in my home.

I sure quit for I didn't get fired. I quit because I could not

handle to stress any longer.

The only true statement would be from my Pastor which the BVA used in

their decision that after service I definitely had changed and had

became introverted and stayed within myself and refused to go to

church but three times, although before service I was the pianist for

at least 5 years.

Thanks,

Betty

[tssnave 0]

Betty,

Here's my guess on the 10% - if you were on meds and symptoms of your anxiety were controlled by the medication then that is what the rating schedule uses for a 10% rating.

As far as you saying "There is not one statement in my medical records to support that I ever got along with my husband or children. There is sure no statement that I had lots of friends and that on my own account up and quit my job for employment in my home..." goes, at the risk of sounding like a broken record, this is something you need to bring up in your NOD of your rating percentage within the one year appeal period.

I would challenge the VA that there is not any evidence to support the contentions that they have based their 10% Decision on. I would also get your husband and children to write statements in support of your claim on the appropriate VA form attesting to the difficulties your sc anxiety has caused your marriage and your relationship with your children from 1964 through today. This will cover the bases for when you NOD the effective date as well.

In your NOD I suggest you also quote the M21-1MR that states the rater cannot use their own opinion over that of medical evidence and then I would cite your medical evidence that shows you had problems with your family during this timeframe.

I agree with Hoppy to just send them the info from the SS. That makes it clean and easy and most importantly, uncontestable.

Keep us posted on how things turn out and please be aware of your one year appeal period to NOD your percentages and EED. My hope is they will rate you accordingly promptly after your IU C&P exam and you can then NOD the % and EED.

God Bless,

TS Snave