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Is This The Norm?

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kellan15

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I have a few questions regarding the competence of the examiners. I sent in my claim with all the appropriate documentation obtained mostly through the DVA. In the evidence submitted was a letter of dismissal from the Office of Personnel Management. The letter stated that the primary reason I was being retired was my service connected condition. I received my denial and in the first paragraph it stated that there had been no changes in my quality of life. In order be upgrade for compensation I would need to been hospitalized numerous times or an interruption in my employment. Well I guess a loss of one’s career is not an interruption? This was the first paragraph, to include the second and third made less sense. I filed new additional evidence and spoon feed the best I could. My fear is that they won’t even read this new evidence. It was very apparent that they didn’t read the first claim submitted. I really don’t know much about the claim process, but I could have done a better denial than the one I received. Is it time for a congressional or attorney? How could anyone get any result from such an agency! Any ideas on how to make them actually read the evidence sent? Please let me know and thanks.

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Carlie,

I don't understand what a doctors statement would have to do with government polices regarding officer's requirements. The fact is I lost my job because I wear devices on my ears for my service connect conditions. It's cut and dry, why would a doctors statement carry any weight concerning polices? What measurement is needed to convince the DVA. I mean how much more evidence would one need? I supplied them with the official letter from an athority that evaluated and research my medical conditions. It's not like it was from some doctor that I paid. This fact alone would hold up in any court of law. I guess the DVA has a higher standard than the cases I used to present to the court? Should I call and appeal or would for a response from the new evidence. In the denial the DVA acknowleged that I lost my career due to my Tinnitis, but state that all of the secondary conditions are caused by my retirement. They claimed that they have no copibilty for the loss of my career.

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Carlie,

I don't understand what a doctors statement would have to do with government polices regarding officer's requirements. The fact is I lost my job because I wear devices on my ears for my service connect conditions. It's cut and dry, why would a doctors statement carry any weight concerning polices? What measurement is needed to convince the DVA. I mean how much more evidence would one need? I supplied them with the official letter from an athority that evaluated and research my medical conditions. It's not like it was from some doctor that I paid. This fact alone would hold up in any court of law. I guess the DVA has a higher standard than the cases I used to present to the court? Should I call and appeal or would for a response from the new evidence. In the denial the DVA acknowleged that I lost my career due to my Tinnitis, but state that all of the secondary conditions are caused by my retirement. They claimed that they have no copibilty for the loss of my career.

kellan,

In post #6 of this thread I asked you:

"kellan,

Did you apply for an increase in SC and TDIU ?

When did you get the denial ?

What is your current SC'd percentage?

carlie "

If you are are trying to get TDIU based on the loss of employment you

are going to need more than a letter from your employer that states they

have terminated you due to SC'd conditions.

You posted,

"I supplied them with the official letter from an athority that evaluated and research my medical conditions."

Question: Who was the authority that evaluated your medical conditions ?

I did notice in your profile you are listed as 10 % SC.

Requirements for TDIU start at 60 % SC.

There is a rule for extra-schedular evaluations for IU, but I have not seen one approved.

Am I not understanding your claim question ?

What may very well hold up in a court of law, may very well be totally

irrelevant in a claim for Veteran's benefits.

jmho,

carlie

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  • HadIt.com Elder

A doctor's statement saying that you are unemployable soley due to your service connected disabilities is the Gold Standard for getting TDIU from the VA. You say you were terminated due to your SC disbilities. Did you file for disability retirement? Did you file for SSD? The fact you were terminated for your hearing loss from your government employment may not be enough to show that you can't do any kind of work. That is why a doctor's statement is needed. The VA plays games with all of us. You need to get them in a corner where they have to grant TDIU because you have overwhelming evidence that you are unemployable due soley to your SC conditions.

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  • HadIt.com Elder

I agree with all the VA advice, but I think that there was some confusion towards your employer in the way that you expressed yourself in the post. With that said, I would like to focus on your employer terminating you for tinnitus or equipment worn to effectively deal with tinnitus. Were you in an law enforcement series for INS/DHS? There may be a special medical retirement package for that series. Regardless, the federal government is open to a law suite if the situation is as you state.

The rating for tinnitus is maxed-out at 10%, I suspect that is the reason for the R/O putting up the fight. Is there any secondary conditions attribuatble to your tinnitus? I am just guessing here from your postings but you very well MAY be suffering from depression- not uncommon with folks in your situation. If you truly are unemployable, then you must build yourself a very strong case and give the VBA a full understanding or picture of how tinnitus and it's secondary conditons prevent you from working. Visual apparence will not hold up very well, because other employers will not care about that- and it don't matter that pay less than the job you were just terminated from. Good luck.

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I just applied for reconsideration of my service connected conditions and claimed the Tinnitus was causing depression, anxiety and insomnia. All of which was diagnosed by DVA doctors. They had all of this paperwork and like I said no one read it. Should I wait for an answer on the new evidence I submitted or file an appeal right away? And to answer your question, DHS can do anything they want, at least for another month. INS doesn’t exist anymore, they kill it and left homeland security to customs. There is no special law enforcement medical retirement. As for a law suite, my wife is an attorney and deal with government on a daily basis. I don't have the patients or will to deal with another government agency. I know how the system works. They just wait you out!

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I'm sorry if what I have to say here may affend you or any others in situations such as yours, but with your current attitude of negativity and poor me and dam them, isn't going to help your claim progress in the direction you want. Take it from someone who has been their and done that. You must take a pro active attitude towards your claim and listen to the advice given to you here. If you have been around very long on this site, you will note that some of the people here, myself included have had claim issues with the VA for a very, very, very long time and are still not about to give up for what they believe is rightfully due them.

As far as the law is concerned, in civilian matters, the VARO could care less, when evaluating your claim. You may very well have a civil suite against your prior employer or who ever represents them now, that is your choice to proceed with one or not, but it is not going to help you in anyway with your claim. You must prove, by medical evidence that your SC condiion was not only the cause of your imployment termination, but that you can no longer hold down any type of job, that provides for a substantially earned income. This means any job, as long as it pays above the earned income guide lines for poverty I believe. They don't care if you were making much more than this, only that you can no longer work.

This is why others have suggested that you apply for medical retirement or SSDI and get a IMO/independent medical opinion that shows a nexus with your SC condition to why you can no longer work or that your condition warrents a higher evaluation than it does at present. 10%, regardless of how your hearing assisting devices make you look, is not going to get you TDIU, unless you can prove, unequivicaly that for this reason you are not employable. Not that you couldn't or anyone else, but I doubt you will get the VARO to agree and if you think the civilian court system is slow, wait until you try and take your claim all the way to the COVA/Court of Veteran Appeals.

I have so many problems/conditions, I get finger cramps and brain freeze just thinking about having to list them. Depression with Anxiety and having to make adjustments in my life because of them is the hardest of them all to deal with. Physical and other medical issues, you usually know what to expect or the bounderies you are confronted with, but when you add mental problems on top of them, your whole world comes crashing down around you and you feel the whole world and everyone is out to get you and to keep you down as well. That's the negativity I spoke of earlier, it only leads you in a downward spiril and if you don't pull yourself out of the spin, you will end up crashing. Don't expect not to crash, but you must do what you can to make the crash into a hard landing you can walk away from and start again. Don't be afraid to seek out help where and when you need it and if it seems like there is none, keep looking, eventially you will find and get the help you need, whether it be for yourself or for your claim.

Remember this, once you have applied for a claim, keep working it, appealing it, use every avenue open to you, but above all else, keep looking for evidence to help support your claim, read the CFR regs and the USC codes regarding your conditon and the reasons they give for denying your claim. prove by the medical evidence and the Regs and VA Laws that they are wrong.

Good luck, post us your progress or if you have other questions or even if you need a pep talk, we're not here just for information, we're also here for support.

Rockhound Rider B)

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