Unemployable

[jan]

C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU? Do I have to still apply and show them on the C&P where the rater stated this?

[Domepeace]

I found that highlightingthe information I want them to see really helps.

Domepeace

[jan]

I also use the DAV. They are totally useless. I always Highlight and they still dont see it.

I also use different colors.

[LarryJ]

C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU? Do I have to still apply and show them on the C&P where the rater stated this?

Yes, you'll have to file the form that you are supposed to file. There is a specific form for claiming TDIU. Until you file that form, you're toast.

File the form and include, with the form, a "statement in support of claim" (another form) and tell them, on that form in support of your claim, that you are attaching the C&P results indicating that you are Totally Disabled due to Individual Unemployability (TDIU).

I'm sorry, but I can't remember the form numbers for the two forms that I have mentioned (it's taken me twenty minutes to type this and I just hope that ti makes sense to you). I'm hurtin bad this AM.

[Pete53]

Its hard to believe but the VA will not do the right thing by a Vet unless specifically asked.

[jan]

Yes, you'll have to file the form that you are supposed to file. There is a specific form for claiming TDIU. Until you file that form, you're toast.

File the form and include, with the form, a "statement in support of claim" (another form) and tell them, on that form in support of your claim, that you are attaching the C&P results indicating that you are Totally Disabled due to Individual Unemployability (TDIU).

I'm sorry, but I can't remember the form numbers for the two forms that I have mentioned (it's taken me twenty minutes to type this and I just hope that ti makes sense to you). I'm hurtin bad this AM.

Thanks Larry and sorry you are not well today. I know how you feel. Can hardly walk myself.

Again thank you so smuch for the help.

[jan]

Its hard to believe but the VA will not do the right thing by a Vet unless specifically asked.

Guess they feel like they being doing us a favor :) . Thanks for looking out for us Pete.

[sharon]

C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU? Do I have to still apply and show them on the C&P where the rater stated this?

Shreveport in the house :) . Is your 60% for one condition. If not you will have to file for IU extra schedular.

[jan]

Shreveport in the house :) . Is your 60% for one condition. If not you will have to file for IU extra schedular.

50% PTSD 10% bilateral feet. Listed as only partial. I have to prove osteo in the feet.

Alswo denied for hands and lower back. I am still working these last two claims.

[poolguy11550]

Did the rater write that you were unemployable? Or did the C&P examiner note that you were?

[jan]

Did the rater write that you were unemployable? Or did the C&P examiner note that you were?

C&P examiner made the statement.

[Berta]

"C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU?"

Maybe the rater did not state that your unemployability was directly due to to your service connected conditions.

[carlie]

jan,

If you have not submitted this, I would do so.

This is a link to the form for IU.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

Also you posted,

"C&P rater stated that I was essentially unemployable."

I do not feel this statement alone will get a decision maker to grant a claim for IU.

There has to also be medical evidence submitted that states why you are unemployable

and that evidence has to be connected and supported with medical rationale to either

active duty or conditions that are SC'd disabilities.

A lone statement saying "essentially unemployable" is way-too, lucy-goosey

for an award.

jmho,

carlie

[WHOLESALE]

Did the examiner explain why you're "ESSENTIALLY UNEMPLOYABLE?" I mean were all your symptoms expained in a way for him/her to come up to that opinion? I'm surprised that the VA's own examiner would say "essentially unemployable." It's either you are or you're not. Sounds like the examiner was afraid to give a definitive answer. I hate it when examiners do this. Statements like this just leave an open door for the VA to mess with you.

The VA can easily come back and say, "the examiner stated the Vet is essentially unemployable." This in itself does not indicated 100% unemployable so Total Unemployability cannot be granted at this time. I can just see the VA saying this to deny but keep your head up because they might fool us all and grant you.

Jay

C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU? Do I have to still apply and show them on the C&P where the rater stated this?

[john999]

Essentially unemployable means that the c&p examiner did not want to use the correct phrasing which he surely knew, the jerk. I may have said this before but I had a C&P doctor say he could not determine if I was IU because I was unemployed.

[3 years to retire]

How it has been explained to me is that the C P Exaimer will give his medical opinion but it is the rater that will make the decision on what is to be granted to the Vet. He will look at the C & P results as part of the total package you have submitted in your request for IU.

You still have time to submit more medical support documentation. Maybe get an medical opinion from a private doctor. Research your C-file for more medical documentation. etc.

If you are denied on your IU request you might contact a VA approved Lawyer to look at your case. If he/she feels you have a case then they should take it from there for you. It will only cost you a % of your back pay... Well worth it if you win... IMHO

Good luck

[jsdwd]

"C&P rater stated that I was essentially unemployable. Why did the VA not give me

IU?"

Maybe the rater did not state that your unemployability was directly due to to your service connected conditions.

My C & P examiner said: " his posttraumatic stress disorder with secondary depression,

arrxiety, and alcohol dependence is considered sufficienl grounds for his

unemployability."

I also have received Social Security Disability for the past several years (been reviewed by them twice with no change).

Is this language and situation sufficient to get to an unemployability status?

(no longer drinking btw)

[Berta]

My C & P examiner said: " his posttraumatic stress disorder with secondary depression,

arrxiety, and alcohol dependence is considered sufficienl grounds for his

unemployability."

I also have received Social Security Disability for the past several years (been reviewed by them twice with no change).

Is this language and situation sufficient to get to an unemployability status?

(no longer drinking btw)

Congrats on not drinking anymore-that in itself is a Victory-

To answer your question-

Yes- in spite of "0" rating so far, this statement should generate a TDIU award IF your service nexus is proven and established -meaning that an inservice stressor caused the PTSD.

If you have the CAR or a PH on your DD 214 the VA should accept that as proof of stressor.

Otherwise JSRRC will need details of the stressor in order to confirm it.

A doctor can certainly diagnose PTSD and opine on its level being so severe to preclude employment, but only if the doctor was eye witness themselves to the stressor, you will still need to prove your PTSD is caused by an inservice event.

I assume you received a VCAA letter that tells you what specific evidence the VA needs.

It is best to give as many details as possible -time, dates, witnesses, etc to them.

Also if a vet has multiple stressors it is also best to list the ones most likely to be able to be confirmed first by JSRRC.

[jsdwd]

Congrats on not drinking anymore-that in itself is a Victory-

To answer your question-

Yes- in spite of "0" rating so far, this statement should generate a TDIU award IF your service nexus is proven and established -meaning that an inservice stressor caused the PTSD.

If you have the CAR or a PH on your DD 214 the VA should accept that as proof of stressor.

Otherwise JSRRC will need details of the stressor in order to confirm it.

A doctor can certainly diagnose PTSD and opine on its level being so severe to preclude employment, but only if the doctor was eye witness themselves to the stressor, you will still need to prove your PTSD is caused by an inservice event.

I assume you received a VCAA letter that tells you what specific evidence the VA needs.

It is best to give as many details as possible -time, dates, witnesses, etc to them.

Also if a vet has multiple stressors it is also best to list the ones most likely to be able to be confirmed first by JSRRC.

Thanks for your reply. No booze for almost 15 years. It Can Be Done!!

The stressors are ok as is the nexus. The report back by DOD indicated that my unit was in combat on many occasions and I have my statement and that of other eyewitnesses (buddy statements)about specific events. Also the C & P examiner gives a clear diagnosis of PTSD (says specifically that I meet the DSMIV criteria). "(my name)... does meet the DSM-IV

criteria for combat-related posttraumatic stress disorder. The veteran's stressors and symptoms are described in detail above"

Also I have letter from another psychiatrist indicating that alcoholism was due to PTSD.

I had been told that if the VA had not accepted my stressors, I would not have been scheduled for C & P. Is that typically the case?

My claim went before the rating board over 30 days ago. How long does getting a rating usually take (also have Agent Orange/Diabetes II and bi-lateral hearing loss accompany PTSD claim). I'm thinking I should hear something pretty soon.

Thanks again for your help (and from before as well) this board has been a Godsend. Left to one's own the VA claim process is like walking in a room with no light wearing blindfold. It's not so much that there is no information as it is that there's a lot of differing information and one doesn't know what to believe.

Thx

[Berta]

Sounds like you not only have your ducks in a row but they are well armed!!!!-

with strong evidence -GOOD work!

It is impossible to even guess how long a claim will be with a rater-

In my opinion this claim should be easy to award but then again-

we can never guess what they will do or how long this will take.

I assume your DMII is due to AO and you are incountry Vietnam veteran?

and suffer from acoustical trauma due to warfare-

does your MOS direct support this exposure to loud noise trauma?

or did the VA ask for more info?

Was it noted on your SMRs?

In any event you have some solid stuff here and even if the PTSD alone could be rated at 100-I am glad to see that you claimed the DMII and hearing loss as well.

Claims like yours should be a picnic for a rater to award in a reasonable period of time.But with almost one million claims pending these days-

it is impossible to know how long this will take-

and better to wait for a proper decision than get something that is all wrong-

do you have a vet rep helping you?

those ducks in a row all deserve some medals-

You did some great work on this claim-

by the way-is the DMII insulin dependent?

did you mention any complications from the DMII?

Hope you dont have any- but best with DMII claims to let them know any and all complications such as atherosclerosis or visual problems etc-to get the highest possible rating for this AO disease.

Edited June 18, 2009 by Berta (see edit history)

[jsdwd]

Sounds like you not only have your ducks in a row but they are well armed!!!!-

with strong evidence -GOOD work!

It is impossible to even guess how long a claim will be with a rater-

In my opinion this claim should be easy to award but then again-

we can never guess what they will do or how long this will take.

I assume your DMII is due to AO and you are incountry Vietnam veteran?

and suffer from acoustical trauma due to warfare-

does your MOS direct support this exposure to loud noise trauma?

or did the VA ask for more info?

Was it noted on your SMRs?

In any event you have some solid stuff here and even if the PTSD alone could be rated at 100-I am glad to see that you claimed the DMII and hearing loss as well.

Claims like yours should be a picnic for a rater to award in a reasonable period of time.But with almost one million claims pending these days-

it is impossible to know how long this will take-

and better to wait for a proper decision than get something that is all wrong-

do you have a vet rep helping you?

those ducks in a row all deserve some medals-

You did some great work on this claim-

by the way-is the DMII insulin dependent?

did you mention any complications from the DMII?

Hope you dont have any- but best with DMII claims to let them know any and all complications such as atherosclerosis or visual problems etc-to get the highest possible rating for this AO disease.

There is no SMR evidence of hearing loss. I did not have an MOS (USN) but was basically administrtive serving at forward combat base.

DMII is diet controlled - no insulin (I watch it carefully) so not a lot of related problems (yet). I am claiming AO presumptive. There is no family history of DM. Since this is presumptive is should be fairly straightfoward, no? The C & P assess extent of disability (which is not that much so far) and I'm thinking perhaps 20% for that.

I had a local rep helping but that person left and I have done most of this myself by reading, using this board, asking a lot of annoying questions (and not feeling guilty about it), etc.

The replacement rep has not been helpful. I haven't said anything but just basically ignore him which seems to be fine with him...he's got plenty to do.

Again thanks for your help.