I.u. Question Help?

[newbe]

hello all , i'm new to the board and thank heaven there's such a site.

i'm currently at 50% and applied for IU. i submitted documentation that shows living below the poverty level since 1996. i've not worked even half time since 1999.

i submitted statements from previous employers that say i'm not employable.

my question is:

if i submit an appeal within one year and can get my outside physician to submit medical documentation that i am unemployable and even write that i'm unemployable will this help my claim tremendously. or is this a waste of time?

i was denied an increase to when i was 20% for so long and finaly after getting a second opinion did VA let up.

Someone please help!

[Guest Namvet6567]

Newbe - To answer your first questions - yes, any additional evidence can be added in your appeal but make sure it has probative value. A couple of things I want to mention - If, when you were first applying or appealing, for that original 20%, you mentioned inability to work or that you were unemployable and the VA did not address it in their "Reasons and Bases" section of the decision that issue remains open - meaning that the VA was required to decide on the unemployability issue and did not. That means that section of the claim remains open and you can appeal back to that date. The VA will often deny unemployability by stating, in the reasons and bases section, that you have been awarded the maximum amount allowed for your disability and then quote 38 CFR 4.16(a) but not 4.16(b). You should review your complete c-file and VA medical records for errors or missing documents. Often evidence from the VA medical center (VAMC) you think is there, isn't because they haven't request the medical records. Also bear in mind that the VA can do what they please, meaning deny, even though you have excellent evidence but that you "will" win, if you continue to appeal. Never believe anything a VA employee says cuz if it can't be read, it wasn't said. All issues with the VA must be written so that they can be appealed. It sounds like your work history will be very probative evidence. I'd advise applying for SSDI and using the date you first became too disabled to work as your first disabled date. This would be the first time you can show a loss of employment due to disability or that your income went below the poverty rate. Don't let SSDI tell you you can't do it. Good luck!!

[newbe]

Thank you all for the replies. I DON'T MEAN TO RUN ON BUT B)

I)

You see, I recently received a Denial Letter from the RO.

He states that I have an open appeal for Back and Feet.

I appealed when they denied me in 2003.

Forgot about it, and then applied for I.U.

You're right the Appeal timeline is great.

But I'm wondering what to do with this open Appeal.

I figure I'll just submit more medical documentation to support the 2003 pending Appeal

So they can make a decision of higher rating or not; in the next couple of months.

Then Appeal the I.U. decision within 12mo of Denial for that claim.

What do you guys/gals think about this? Is this the best way to go about it?

II)

I've read some postings about Neuropsychological testing! I've picked up some clues that the VA tries to figure out if you’re Malingering? What is that? Do they mean because of Drug use or something. Not sure what this about. And I was told by my VA counselor that there is evidence of head trauma? I've never used drugs and no history of head trauma.

Boy did I laugh when they told this to me. They aren't doctors and I have never had any incident noted in my medical chart regarding "Head Trauma". So I don't see why I should even take this exam!

Does anyone know what this test is Really for? Is our government that cheap that they can't pay for damage to those whom paid the price for FREEDOM?

[newbe]

Ohhhhhh, I amend that last comment.

I did have an auto accident a few years back. which caused more back damage. I submitted this information to VA. I guess head trauma affects the back and spine. Didn't think about that. But I'm just a little worried because i know the VA takes short cuts with health care issues.

oh boy. he, he

[newbe]

Without addressing the specifics of your claim, my advice is: when in doubt, appeal. Whatever happens, do not miss your appeal deadline. Evidence, medical documentation and such can be obtained after you file your claim or appeal. You have nothing to lose; it costs nothing to file a claim; the worst that can happen is the VA will say no -- in which case, appeal again.

Bear in mind, even though claims take forever to be approved, the effective date is the date of the claim -- meaning whatever benefits to which you are entitled are retroactive to that date.

frosty69 - yes i see part B but even if we all know exactly what part they are ignoring, how do we get them to consider this if we believe they are avoiding this section? curious.

[frosty69]

newbe

Like other have said here, just point out what you feel they are not taking into consideration, which is part B, and appeal until you win, nothing to lose, that is what I filed a EED for, they never considered part b for me either, and have appealed this for the last couple of years and will appeal until I am dead, then will let the wife take over to file the appeals, if it comes to that.