ptsd Tdiu

[cballard]

Does anyone have any thought on this? I don't have a VSO near me.

I am rated 70% PTSD w/ a GAF of 43, 40% cluster symptoms (GWI), and 10% bilateral hearing loss for a total of 80%.

I was denied TDIU 15 APR 09 and reasons for decision states "Entitlement to individual unemployability is denied because the claimant has not been found unable to secure of follow a substantially gainful occupation as a result of service connected disabilities. The veteran is considered capable of gainful employment. {38 CFR 4.16}"

The DVA fact sheet on Individual Employability states that substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.

http://www.vba.va.gov/VBA/benefits/factshe...onnected/iu.doc

In my NOD I have included,

It is also stated under "reasons for decision" for entitlement to individual unemployability that "ON VA examination, you report that you did work for some period of time at a nuclear power plant. However, you quit work in 2005 and state that you were not fired, but simply disagreed with your employer and it was a mutual decision for you to quit." Although it is a true statement that I did work for a period of time at a nuclear power plant (in addition to 14 other places of employment in the 16 years since active duty), the reason for leaving employment is inconsistent with my statement to the examiner. I left employment with the security firm in June of 2005 because I was in the process of divorce proceedings for a third time, and, due to thoughts of suicide, was not comfortable carrying a firearm which was a requirement to perform my duties as a nuclear security officer. I was also not able to maintain the schedule required for that position due to symptoms of service connected disabilities. I left a secure well paying job to seek a work environment more compatible with my symptoms. Subsequently, I was engaged in an employment arrangement as self employed contract labor from 2005 to 2007 which was mutually agreed upon between myself and the contractor to terminate due to excessive absenteeism and substandard work performance as a result of service-connected disabilities, I have not been employed, gainfully or otherwise, since March 30, 2007.

You have failed in your duty to assist in that the incorrect reporting of the examiner may have influenced the outcome of the rating decision as these facts are relevant to my claim and should be considered as evidence pursuant to 38 CFR 4.16(a). "Consideration shall be given in all claims to the nature of the employment and the reason for termination."

38 CFR 4.25 states that "...a person having a 60 percent disability is considered 40 percent efficient". By that established standard, it is contradictory to infer that I am still considered capable of earning a livelihood compared to non-disabled individuals with earnings comparable to the particular occupation in my community with an expectation to perform at 20 percent efficiency as a result of a combined service-connected 80 percent rating.

This logically raises the issue of reasonable doubt. Since it is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent with the facts shown in my case, is a substantial doubt within the range of probability and no evidence satisfactorily disproves the claim, 38 CFR 3.102 states that such doubt will be resolved in favor of the claimant.

I am requesting a "De Novo Review" by a new Decision Review Officer.

It seems that the code they hit me in the gut with is the same code that substantiates my claim.

[Pete53]

Your work record clearly indicates that PTSD has caused you problems with work. How long has it been since you worked? If it were me I would ask for a Hearing and confront the Review Officer about your work History.

Good Luck and if you are not working and the dumbass thinks that you can you still should get TDIU until you get a decent job.

[carlie]

cballard,

Is it also possible for you to show VA probably with IRS or SSA payments

withheld by employment --the 14 different jobes you held sine the

16 years of discharge, also do you feel any of those employers would write you

something on their letterhead as evidence of why you left or were terminated ?

Is any of your combined 80 % SC due to Mental Health Disabilities ?

Do you currently recieve SSDI ?

If yes - does VBA know this and have a copy of your

Fully Favorable SSDI award ?

Has any doctor written you a letter stating you are unemployable soley due

to your SC'd disabilities - if not do you have a doctor that would agree to

this and write a letter listing they feel you are unemployable due to your SC'd conditions

of XX,XX,XX,XX etc.... and then state with medical rationale how these conditions

make you unemployable ?

carlie

Edited May 2, 2009 by carlie
sp

[Berta]

Yes-fight this-

my husband was a Nuke like you too for 10 years and also worked for VA itself and other very well paid jobs-

during much of his employment after Vietnam (USMC)he didnt even realise for years that he had PTSD.Even when VA diagnosed him-1983- he still thought he was just crazy ,hoped no one would find out, and didnt understand what PTSD was-

Have you applied for SSA too?

[john999]

The VA is playing games with you. Like Carlie says you need a statement from a doctor saying that you are unemployable solely due to your SC conditions. I went through something similar. What the VA did with me was to say "Yes, you are unemployable, but it is due to another conditions besides the one you are 70% SC." I used an independent medical examination to rebut this VA contention and got my TDIU. I had already gotten SSD for the SC condition and yet VA was claiming I could not work due to another condition. It seems obvious to me the VA is just going out of their way to deny your IU. They know if they approve you then that's it, so they will let you starve to discourage you, and drive you back into the labor market, and then claim that you are obviously not IU. If you do any work the VA will use this a sign that you are not IU. This is the rock and hard place the VA puts many vets. You might even get a lawyer to help you.

[cballard]

70% PTSD w/ a GAF of 43, 40% cluster symptoms (GWI), and 10% bilateral hearing loss

I finally have a hearing June 4 with ALJ for SSD. My SSA witholdings will prove work history. SSA even commented on work history during the initial interview because she had to go through such a long list of employment.

I haven't had any Dr's statements of employability. I can't afford an IMO and don't anticipate anyone at the VA to help support my claim. I think maybe the problem I am having is because it is not based on a single disability but the combination of the mental and physical symptoms. There is clearly a coalition between the causes. When I am stessed I hurt worse and when I hurt it induces stress. (viscious cycle) Bottom line is none of them will stick their neck out and raise any concern regardless of their duties.

My supervisor at the last job I worked in 2007 is going with me to the SSD ALJ hearing. He will sign an affidavit stating the reason for termination and work performance. I will try to get in touch with folks at the nuke plant for same but the rest of them are in Oklahoma.

Thank you all for taking time to offer your experience and opinions. I plan on getting an attorney but I want to gain as much knowledge as I can to know how bad I am getting bent and what lubes work the best. Even though a lawyer may know the law, I am thankful for opinions from people who for their own reasons have a personal interest in it. You are all blessings.

[Pete53]

Looks like you have a good plan. Ask if you can get a copy of the supervisors statement to send to VA