tdiu Imo For Unemployability

[cowgirl]

An old question popped up in my mind related to a recent post.

In an IMO what are or is the best 'concrete' word(s) for unemployability claim? for example, Unable to work, can't work or....?

Dont recall where I read (maybe dreaming) that a nonva Imo should avoid the term 'unemployability' because thats a 'rating' term.?

Cg

[rickzoo]

I just had a C&P for unemployability, and now I have the Dr. progress notes. I still don't know what to look for , because I don't see those magic words. I can't determine ya or na from what I read. I was wondering if there are some other example documents or a place to help understand the language.Is there a place on line to explain the document?

[Wings]

x

x

x

How much proof do I need on a claim?

VA law requires "as likely as not"

Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof than required by the VA. Show your doctor the following chart. It may help.

continunum of causation-- burdens of proof

standard ---------- how much --------- context

as likely as not ---------at least 50% ------- verteran claims

more likely as not---------- more than 50%-----civil trials

clear and convincing------ about 75% ----civil juvenile court

to a medical certainty ------ about 80%------ court doctor opinion

beyond a reasonable doubt----- about 90%----criminal trials

beyond a shadow of a doubt-----100%------ignorant doctors

How does the examiner give an opinion for nexus (relationship to a military service)?

When asked to give an opinion as to whether a condition is related to military service, the opinion should be expressed as follows:

1. “is due to” (100% sure)

2. “more likely than not” (greater than 50%)

3. “at least as likely as not” (equal to or greater than 50%)

4. “not at least as likely as not” (less than 50%)

5. “is not due to” (0%)"

[Berta]

There is an IMO criteria here at hadit- it should be followed for TDIU or any other type of claim- secondary, 1151 claims, DIC claims----

In case of TDIU I strongly suggest- if a mental disability-PTSD, Depression, Bi polar etc- that the opining independent doctor make a statement as to the fact that the veteran is completely competent to handle their funds-

in many cases that might stave off a competency decision by the VA which adds time to getting any retro.

If a doc feels that a vet is "unemployable" due their service connected condition they should emphaticaaly state it that way in the IMO and then give full medical rataionale -related directly to the SC disability-as to why they have found the veteran unemployable.

[cowgirl]

Ok, update. This post was regards the wording for 'unemployability' for a Non-Va IMO. I reconfirmed what 'should' be on the IMO, thanks Berta and Wings.

Rickzoo, my VA comp exams don't often show these statements 'exactly', but are there in roundabout ways. I found in the summary of my exam. 'In regards to this condition examiners opinion vet is capable of sedentary work'. So the doctor is saying "is Employable". but I believe should have been stated 'unemployable due to the severity or limiting factors of said SC condition.' I got a copy of exam a.s.a.p. thanks to Hadit advice. Hard to decipher the terms and how written, but have given the exam copy and VA criteria to Non VA doc for Imo in my appeal.

Last week I learned truths when asking VA doctor for a unemployability statement. The VA specialist doctor recieved top down guidance, a Medical Opinion can only be rendered into the Patients VA Medical Records. So a veterans VA clinical notes are 'for the record'. I suspect job security also inferred.

We vets get VA medical care and have double duty; first get health care THEN recorded *Disability Criteria* notes for each SC condition.

So I think of my VA Medical Records as recorded 'medical opinions' and HeavyWeight contenders in my claims. As recommended by many experienced Hadit'rs - I try to get a copy of 'every' medical visit notes A.S.A.P., read, reread, use and or file safel

Will update as claim goes,

Cg'up!

[halos2]

Cowgirl, one of my Dr's wrote is "deemed to be totally and permanently disabled and her disability has no likelyhood of improvement which may result till death and is incapable of employment in any workforce. INCAPABLE OF EVEN SEDENTARY WORK AS CANNOT SIT OR STAND IN POSITION GREATER THAN 15 MINUTES. Takes routine pain medication and additionally needs to take prn medication due to uncontrolable pain threshold. Cannot lift objects over 10 pounds. Has difficulty ambulating distances further than 150 ft and must sit and take a rest period due to fatigueability. Needs frequent rest periods at least ever 15 minutes as becomes weak and may experience dizziness...

quote name='cowgirl' date='Oct 24 2008, 02:12 PM' post='110936']

Ok, update. This post was regards the wording for 'unemployability' for a Non-Va IMO. I reconfirmed what 'should' be on the IMO, thanks Berta and Wings.

Rickzoo, my VA comp exams don't often show these statements 'exactly', but are there in roundabout ways. I found in the summary of my exam. 'In regards to this condition examiners opinion vet is capable of sedentary work'. So the doctor is saying "is Employable". but I believe should have been stated 'unemployable due to the severity or limiting factors of said SC condition.' I got a copy of exam a.s.a.p. thanks to Hadit advice. Hard to decipher the terms and how written, but have given the exam copy and VA criteria to Non VA doc for Imo in my appeal.

Last week I learned truths when asking VA doctor for a unemployability statement. The VA specialist doctor recieved top down guidance, a Medical Opinion can only be rendered into the Patients VA Medical Records. So a veterans VA clinical notes are 'for the record'. I suspect job security also inferred.

We vets get VA medical care and have double duty; first get health care THEN recorded *Disability Criteria* notes for each SC condition.

So I think of my VA Medical Records as recorded 'medical opinions' and HeavyWeight contenders in my claims. As recommended by many experienced Hadit'rs - I try to get a copy of 'every' medical visit notes A.S.A.P., read, reread, use and or file safel

Will update as claim goes,

Cg'up!

[PALMETTO2]

x

x

x

How much proof do I need on a claim?

VA law requires "as likely as not"

Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof than required by the VA. Show your doctor the following chart. It may help.

continunum of causation-- burdens of proof

standard ---------- how much --------- context

as likely as not ---------at least 50% ------- verteran claims

more likely as not---------- more than 50%-----civil trials

clear and convincing------ about 75% ----civil juvenile court

to a medical certainty ------ about 80%------ court doctor opinion

beyond a reasonable doubt----- about 90%----criminal trials

beyond a shadow of a doubt-----100%------ignorant doctors

How does the examiner give an opinion for nexus (relationship to a military service)?

When asked to give an opinion as to whether a condition is related to military service, the opinion should be expressed as follows:

1. "is due to" (100% sure)

2. "more likely than not" (greater than 50%)

3. "at least as likely as not" (equal to or greater than 50%)

4. "not at least as likely as not" (less than 50%)

5. "is not due to" (0%)"