tdiu Rating Decision - Lowballed

[Josephine]

Can I prove unemployability back to 1983, the last day I worked?

Thanks,

Betty

Edited August 18, 2008 by Josephine

[jbasser]

Ths key that I see here Betty is the statementhat you quit public employment in favor of working at home.

How did they arrive at this scenario. Is it just something hte rater threw in there from the top of his head. Is there any evidence you did in fact do this.

If you did not tell them this and they are making it up, ( Happens a lot with the raters) you should be able to question where this statement came from.

I know from experience that the VA hires adjudicators who are well versed in the aspect of skilled writing.

I konw how you can most likely prove that you were unemployable.

You need another IMO. Yhis time it must come inthe form of a Doctor who specializes in Occupational issues.

This Doctor should create a timeline by reviewing your med recs and give you a time frame you were too disabled to work.

John

Edited August 17, 2008 by jbasser

[Josephine]

Thanks,

Betty

Edited August 17, 2008 by Josephine

[Pete53]

Ask Social Security for a printout of all wages paid. That should prove it as I have seen VA accept it many times for other Veterans.

Good Luck

[Josephine]

Pete,

I have a print out from Social Security,but it doen't tell why I quit the job.

Betty

[john999]

I like Pete's idea about SSA records. If you can show no earnings for the last 30 years then that is good proof of "not" working. If you combine that with an opinion from a occupational specialist and maybe a shrink that you have not been "able" to work since leaving the military that seems like a pretty good case for IU. The VA low balled you as far as your rating, and they rely on this to get out of paying IU since they try and cling to the 70% SC rule for IU. The VA might also try and say you did not work because you did not want to work. Your claim, Betty, reminds me of mine. I could not work and my doctor plainly said it and, yet, the VA just gave me 10%. They would probably try and say that your SC mental condition was only one of many factors that made you unemployable. The "working at home" fiction is just one of those lies they like to throw in to explain why a vet is not working at a job.

Stay strong because when faced with a major potential retro the VA gets inventive. They are going to throw the bathroom sink into the mix to try and stop you from getting the rating and retro you deserve. Their tactic will be to delay and confuse the issues until you get sick of it and go away. Use your new resources to fight these people. You should have the cash to buy the opinions you need.

[Josephine]

John,

Dr. Crowley, the Forensic Psychiatrist states" She has never been able to have any gainful employment for any substantial time since the military and had to give up and seek veterans compensation in 1978.

She last worked part time in 1983.

( The rater had this IME, when he made this decision)

Thanks,

Betty

Edited August 17, 2008 by Josephine