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Ssoc-got It Today

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SouthernBelle

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  • HadIt.com Elder

Got the SSOC today, apparently, the VA psych doctor who treats my husband saying he is at 70-100% isn't ENOUGH evidence to grant 70-100%. They denied again. What should I do now? They even read the NOD and said that the appointment that was on a Saturday happened because even though it was "input" on Saturday, the appointment happened. We have no record of it. Clearly, they (think) they do. Anyways, what should we do now?

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  • HadIt.com Elder

I agree with others to answer the SSOC and to also ask for a DRO Hearing. You need to get a face-to-face with the DRO. I don't know if you have already done that but try and avoid the BVA until you have exhausted every option at your VARO. Anything you can get at the BVA you can get at your VARO. Since lawyers are available now have you considered getting one. These lawyers usually have doctors they refer their patients too who know how to write what is needed. This is whay they do for SSDI.

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Good advise to get a lawyer- watch the deadline for any response they gave you-I was unable to read the documents-

I fully agree with what Ricky said- you need an IMO that fully uses medical rationale to support that your husband cannot work due to his SC disability.

Edited by Berta
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  • HadIt.com Elder

The actual letter from the doctor is very much a medical opinion. I posted it here some time ago. It is very compelling evidence. I'll try to find it again. Most folks on here thought the VARO had no wiggle room after that letter. I've come to the decision that I'm tired of fighting them, and I quit. I'm done with them. No lawyers, no BVA, nothing. I'm done. I'm also very sick right now. I may change my mind about this later. But, for now. I quit.

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  • HadIt.com Elder

Here's the doctor who treats my husband. He's a VA doctor:

Forget all the scanning stuff, I always screw it up anyways. I'll just type it up.

To Whom It May Concern:

Brian XXXXXXX is an active client at the Savannah Primary Care Clinic VA and is being treated for Post Traumatic Stress Disorder (PTSD), major depressive disorder, and panic disorder. His PTSD is related to combat from from Desert Storm. He is currently endorsing symptoms that include panic attacks several times per week, auditory hallucinations, depressed mood, anhedonia, intrusive recollections, increased startle, hypervigilance (on edge and on guard), poor concentration/focus, avoidance of war material, nightmares two to three times per week, and signifigant unprovoked irritability. His sleep and socialization are poor, and Mr. XXXXXXX often does not leave his bed. He is emotionally numb and detached with signifigant isolation. He has obsessive rituals that include rechecking doors and windows. He always sits by, or faces, doors and windows. His panic and anxiety symptoms have worsened recently. Mr. XXXXXXX suffers from spatial disorientation that requires the use of GPS and cell phone contact with his wife. He often needs directions for places commonly traveled. He also continues to report feelings of being unworthy of having healthy relationships. His insight and judgment are impaired.

Mr. XXXXXXX is unable to adequately function in a college environment. His grades are poor, and he needs tutoring help and special allocations to maintain enrollment in classes. He has had to drop several classes due to amount of time missed and inability to maintain adequate school work. Mr. XXXXXXX demonstrates severe impairment in coping skills and stress management. Social interactions are significantly impaired. Mr. XXXXXXX continues to report inability to work or adequately function in a social environment, and he is currently unemployed. His self-assessment is accurate per his most recent examination at mental health on 9/19/08. His family relations are poor, with isolation and discord. He reports no ability to form relationships outside the family unit.

Mr. XXXXXXX is currently unable to obtain, or maintain employment due to PTSD, panic, and depressive symptoms. He demonstrates severe impairment in his overall mental function, and currently not a candidate for even limited employment. Occupational and social impairment are severe. Prognosis is poor due to the severity of symptoms and the chronic course of the illness. He is appropriate for 70-100% disability related to work function. (He has been compliant with both therapy and medication treatment, and is motivated for continuation of both.)

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  • HadIt.com Elder

Is this the only Doctor your husband has seen.

After studying the claim and the SSOC I feel that the VA is stuck onthe 50 Gaf score and are oblivious to anything else.

The Doctor did state he was 70 to 100 percent in his opinion.

I engourage you to write a letter by hand to the VARO DIrector and Service center manager. Ask them to cue themselves on the basis that the person who wrote the SSOC is no medical professional and he cannot diagnose or evaluate the severity of an issue. Only a Licensed medical professional can do that. All he can do is apply the rating schedule to the issue and according to the doctor, the rater is not correctly applying the rating schedule to your husbands claim. Again, this is cue. If you can get your hands onthe fax number fax it to them tommorrow.

ALso keep on the opriginal path. Fill out the form 9. I dont like going to the BVA as I think it is only Remand central whwere the BVA and RO play catch with a claim as it takes way too long to decide.

But the bottom line is this. We all have to do what we must. Our survival is our number one priority.

Keep the faith. It will happen.

John

Edited by jbasser
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  • HadIt.com Elder

Belle

The letter you posted from your doctor should have been enough to get your husband TDIU. A GAF of 50 is what I got and I got 70% and eventually TDIU. Your doctor is saying point black that your husband is unable to maintain employment due to his PTSD. I don't know what could be more specific. Maybe if you can get your shrink to refer you to one of his pals he can write an even more point blank letter. I think the VA is just trying to hope you and your husband go away because you have enough for TDIU in my opinion. I had three IMO's before I fianlly got P&T. The VA clung to every excuse to not grant me this. Keep it local and keep fighting. The should have already granted IU and I believe what John said about a CUE. They did not apply their own regulations correctly. You can write on the Form 9 that you want a DRO Hearing if you have not already got one. You can appeal every decision the VA makes right at the VARO.

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