tdiu C&p Opinion For Lack Of Employment Since 1983

[Josephine]

August 20, 2008 C&P for Increase and TDIU

The veteran has not worked since the last exam.

She has not worked since 1983, and brings in a Social Security earnings statement detailing no income at all for many, many years.

This examiner discussed with her reasons for her lack of employment over the years.

She reports she used to work at a hospital, at a nursing home, stocking shelves at a store and on the cash registers.

The veteran reported that she had significant anxiety symptoms which involved excessive perspiration, especially on her hands.

She reported that when trying to take blood pressures, her hands

would be so wet, they would slide off the bulb that she had to squeeze.

If she touched paper, she reports the ink would smear. She had become

more intensely anxious when dealing with other people and reported she would leave " puddles" of moisture on the cash register keys.

In addition, she reported other more intense anxiety symptoms such as increased heartbeat, shortness of breath, intense anxiety, and lightheadedness.

She reports that on the way to work at a nursing home one time, she had to pull over and sit on the side of the road because her anxiety got to the point where it was inducing vomiting.

This veteran today discusses these symptoms in a rather dramatic

fashion and becomes tearful when describing them.

The veteran reports that she has not driven a car in many, many years, again due to her intense anxiety, feeling scared and feeling that she "can't think straight". when she is that nervous.

The veteran has been married for 43 years. She reports that they get along o.k. that she is often irritable, though her husband is supportive. She has two daughters and eight grandchildren.

And reports a good relationship with them and they and the husband

will help her out by driving her places. The veteran reports

that she has little in the way of close friendships, she is not

comfortable socializing. She does not like to go out to other people's homes. She reports that she does not go out even to restaurants out in the public, only about once a year.

She is highly anxious when out in the public, especially with

with a lot of people. She will only occasionally go out to a small

local store and reports her husband must do most of the grocery

shopping. She does have some acquaintances that she talks to on the

phone about once a month.

The veteran reports that some of her anxiety in public has to

do with her perception that others are noticing her own anxiety,

particularly her sweaty hands, and also she feels extremely

inadequate and feeling not as good as others and that she does not

fit in or have anything in common with people.

She spends her time mostly around the house, watering the plants,

around the yard, watching television, doing household chores.

She enjoys collecting dolls, which she often gets by looking

on the computer ( ebay). She reports she cannot go to doll shows

because of her anxiety. She reports that she is able to get out

to some yard sells at times, as these are more out in the open.

She denies legal problems.

Ingregrated Summary and Conclusion:

As noted above, this veteran continues to have severe problems with anxiety.

The exam request form ask about issues related to employability and specifically ask how it impacts about physical and sedentary employment potential.

The employability issue regarding sedentary versus physical seems irrevelant, as this women's severe anxiety seems to be severe enough that it would prohibit most employment.

Betty

[jbasser]

From What I understand is the fact tthat you quit working in 1983. The original C and P doc said that you quit your Job and went to work at home. The VA denied this because they thought you were working at home as in a home based industry.

If you quit and became a housewife then the Doc was wrong and he needs to correct it.

A letter stating that he meant that you were not physically employed at home would do the trick as new and material evidence. If you are awsarded IU to 83 then it will be protected upon recipt.

J

[Josephine]

John,

I have scanned the 1983 and the 1985 treatment records of my doctor.

This is where the rater got this up and quit her job to work from

home. Please note doc states nerves are bad. The BVA Judge only

awarded me back to 1992.

Betty

Edited October 11, 2008 by Josephine

[jbasser]

This is the most important fact. You should NOD the BVA judges decision and you may have to take it to the CAVC. The burden of proof lies in this statement. If it can be clarified then you may have a chance of retro back to the original date for the IU. The regs may have been different in 1983. Remember you have to go back to 1983 and use the regs that were in place at the time fo the decison.

Dont give up on this Betty, If the actual doc can correct this statement you may be OK.

It is going to add more time to this long process. But this time the wait will not be as bad.

J

[Josephine]

John,

Can't I just do a NOD on the rating decision of the 10%, March 2008,

due to the statement by the rater, I up and quit my job to work from

my home.

I have no way to prove that I did in fact file my first

claim in 1978, so I am stuck with 1992.

The rater used the fact their was no mention of occupational

impairment in my treatment records of 1992, and there

would not be, for I had to quit nine years earlier.

Thanks,

Betty

Edited October 4, 2008 by Josephine

[jbasser]

Nd your latest effectiv date based on the facts you pointed out.

Do you have a copy of your c file in your posession?

You need to examine it very thouroughly.

John

[Josephine]

Nd your latest effectiv date based on the facts you pointed out.

Do you have a copy of your c file in your posession?

You need to examine it very thouroughly.

John

John,

When it was sent to me in 2004, there were about 10 pages and most of it was dental.

I had requested a copy of my medical records in 1978 and have those.

The VA never requested my Personnel Records, had to do this for them also, as the BVA wanted them.

After I secured a copy, and the AMC requested them, somehow they were lost in the St. Louis Archives, then the AMC acquired permisssion from the BVA to use the complete copies that I received earlier and then I sent them a copy to use.

As far as the filing of 1978, I feel that the R. O destroyed copies before it was transferred to the other R. O. Don't know for sure.

I do not have any notes written, but do have all medical, C&P's. SOC and SSOC.

Anything else that I would need.

Betty