Ssoc-got It Today

[SouthernBelle]

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?

[SouthernBelle]

Okay, so I need to send in another NOD/Request for Reconsideration. I haven't had a DRO hearing since we were granted the 50%. It didn't go well. My husband went a little nuts on the DRO guy, and took several hours to calm down. We've tried to avoid going through that again, but if you think it will help, we'll request a hearing. So you think we shouldn't send in the CUE request? I'm just now coming out of my sickness, so I'm still a little foggy headed. You'll have to excuse me if I'm a little slow about understanding.

Southern,

I would be requesting a reconsideration or NOD and DRO (as John said) if you

haven't had one yet.

I do not feel a claim for CUE fits at this time.

I don't know if VA will accept your request for them to CUE themselves as there

has not yet been any Unappealed Final Decision (you still have appeal's to pursue).

Also, in any CUE you must state how the CUE would manifestively changed the outcome.

jmho,

carlie

[SouthernBelle]

Also, how can I request for reconsideration without new and material evidence?

Southern,

I would be requesting a reconsideration or NOD and DRO (as John said) if you

haven't had one yet.

I do not feel a claim for CUE fits at this time.

I don't know if VA will accept your request for them to CUE themselves as there

has not yet been any Unappealed Final Decision (you still have appeal's to pursue).

Also, in any CUE you must state how the CUE would manifestively changed the outcome.

jmho,

carlie

[Berta]

The VA does not award TDIU without a TDIU form-

Only a 70% rating will trigger them to consider TDIU- or -as I have advised for years-regardless of their SC rating a Vet can apply for TDIU formally whenever they feel medical evidence will support this award.

I suggest you get the TDIU form to them ASAP-whatever else you decide to do to combat this denial.

I cant read the SOC you scanned but assume -as someone here said- the doctor based a lot on self reports of the veteran.

As positive as that doctor's statements were I think this is why the VA found fault with this opinion-

If he applies for SSA (he should do this ASAP also and check yes to Box 18- the SSA might well award him for PTSD-

positive proof of TDIU-if they award solely for any SC condition.

SSA takes time as well as VA and they deny many many SSA claims these days-

I dont think they even award SSA disabiloity if five years have passed since someones last occupation.

Heres the TDIU form:

Under Remarks # 25 you can add additional statement -List his meds and tell them how his SC meds affect his ability to be employed and how he has had problems in school.

TDIU_form.pdf

[LarryJ]

You merely send them a letter (no, it doesn't need to be "handwritten") telling them that you disagree with their decision. Be specific as to what you disagree within their decision. Then state that you would like to have a DRO review.

[jbasser]

Southern,

I would be requesting a reconsideration or NOD and DRO (as John said) if you

haven't had one yet.

I do not feel a claim for CUE fits at this time.

I don't know if VA will accept your request for them to CUE themselves as there

has not yet been any Unappealed Final Decision (you still have appeal's to pursue).

Also, in any CUE you must state how the CUE would manifestively changed the outcome.

jmho,

carlie

Carlie, we are not telling her to file a CUE claim. We are telling her to inform the VARO that their actions as of right now is a CUE in the making and asking the RO to call a cue on itself.

John

[SouthernBelle]

How is this for a letter?

Dear Mr. Sanders,

I am requesting that the Department of Veterans’ Affairs Atlanta Regional Office CUE itself on the basis that the rater who wrote the Supplemental Statement of the Case is not a medical professional and cannot diagnose or evaluate the severity of a medical or mental issue; only a licensed medical professional can do that. The rater is supposed to only apply the rating schedule to the issue and, according to the treating psychiatrist, a VA psychiatrist, the rater is not correctly applying the rating schedule. The treating psychiatrist has stated that I am “not a candidate for even limited employment” based on his treatment and intimate knowledge of my mental health.

Again, I am asking that the Atlanta Regional Office CUE itself on this matter.