diabetes Is This A Cue?

[Shark]

I received a decision in July of 2008 granting me 50% PTSD, I already had 20% for Agent Orange Diabetes 2 and 10% for each limb for peripheral neuropathy for a new total of 80%. I applied for TDIU and was denied in October of 2008. Their reasoning was that I was not found unable to secure employment since I have an MBA and am in a Ph.D. program. This is despite letters from my VA Psychologist and Psychiatrist stating that I am unable to work. I have income tax records from 2006 on showing that I have only received SSDI and VA benefits and have not been employed. I filed a NOD in December of 2008 and have secured an attorney, but he will not do anything until he receives my C file, even though I have a copy that I received last month! It has been 3 months since he sent in a request.

So, the PTSD is working overtime and I am getting more and more upset and was thinking about filing a CUE due to " RO had failed to apply the “clear and convincing evidence” standard of proof mandated by 38 C.F.R. § 3.343©(1). " that I could work.

Does anyone have any thoughts on this approach?

Thanks!

[Shark]

forgot to add- when a disabled vet continues their education it can become a 2 edged sword-

the VA tried to drop my husband's PTSD rating when he went back to college under Voc Rehab-after ONE semester they thought he had become a rocket scientist.

however we overcame that idea by attaching to the NOD copies of his grades, and of his tutoring sessions (he had difficulties in school due to misdiagnosed visual condition) and also we attached copies of his accomodations requests for a note taker and special exam accomodation- he could not handle the ticking time clock they use for exams due to his PTSD)

also I certainly wrote a scathing letter to them regarding something else they tried to use against him ( 3 months of VA part time employment) and they dropped the whole idea of lowering his comp.

I commend you for being in a Phd program but VA certainly views this as attaining a high level of education for some purpose which is usually for employment.

If you struggle with your school work or have needed accomodations from the school due to your disability-these are factors that VA needs to consider.

Good point...the University has given me an accomodation for my PTSD and I am currently on academic probation, so will also provide this information to the VARO. My Psychologist pointed out in his letter that he advised me to go back to school to keep my brain occupied and as therapy for my depression. I am doing my Ph.D. on-line through Capella University as there is no school in Nevada that offers a Ph.D. in Business and my Psychologist thought that I would do better in an on-line program rather than in a regular university.

Thanks again for the advice.

Ric

[Berta]

This is exactly the evidence that VA needs to consider-

sounds like the same thing my husband went through-

someone at the VA told him to consider Voc Rehab in computers (his background was Nuclear Power and enginerring also PHVAC and fireman-HAZMAT qualified- but VA had denied him an interview for a position he was fully qualified for per OPM and we raised such a stink with the director- that the director gave him a part time position (so he wouldnt file EEOC-which he did anyhow years later against them)

I believe it was the Director himself at a meeting we had who suggested the Voc Rehab.

My husband was very intelligent but his PTSD interfered with every aspect of college-

his undiagnosed DMII and visual problems that came with that was only part of his difficulties.

It all made his anger escalate and his PTSD got worse.

SSA- been there on that- I bet VA didnt even attempt to get those records.

SSA declared my husband 100% due to PTSD in 1991.

By 1993 they still had not received his SSA records.We asked 2 state Senators and our COngressman to look into this.

The VARO wrote to them that SSA refused to release his records.

It was a bold faced lie.

I called SSA in Baltimore determined to get someone to straighten that out.

Come to find out his VA authorization form -which was in the C file- for these records was never ever sent to the SSA.

Long story- VA finally acknowledged his SSA award for PTSD in 1997. He had been dead for over 3 years by then.

Make sure VA has your signed authorization form for these critical records and that they have obtained them or definitely will.

I think they deliberately avoid getting SSA records sometimes as these records can prove a veteran's claim for TDIU.They contain in essense an independent medical opinion from a real doctor that is far more detailed usually than a 15 minute C & P exam.

This is exactly the evidence that VA needs to consider-

sounds like the same thing my husband went through-

someone at the VA told him to consider Voc Rehab in computers (his background was Nuclear Power and enginerring also PHVAC and fireman-HAZMAT qualified- but VA had denied him an interview for a position he was fully qualified for per OPM and we raised such a stink with the director- that the director gave him a part time position (so he wouldnt file EEOC-which he did anyhow years later against them)

I believe it was the Director himself at a meeting we had who suggested the Voc Rehab.

My husband was very intelligent but his PTSD interfered with every aspect of college-

his undiagnosed DMII and visual problems that came with that was only part of his difficulties.

It all made his anger escalate and his PTSD got worse.

SSA- been there on that- I bet VA didnt even attempt to get those records.

SSA declared my husband 100% due to PTSD in 1991.

By 1993 they still had not received his SSA records.We asked 2 state Senators and our COngressman to look into this.

The VARO wrote to them that SSA refused to release his records.

It was a bold faced lie.

I called SSA in Baltimore determined to get someone to straighten that out.

Come to find out his VA authorization form -which was in the C file- for these records was never ever sent to the SSA.

Long story- VA finally acknowledged his SSA award for PTSD in 1997. He had been dead for over 3 years by then.

Make sure VA has your signed authorization form for these critical records and that they have obtained them or definitely will.

I think they deliberately avoid getting SSA records sometimes as these records can prove a veteran's claim for TDIU.They contain in essense an independent medical opinion from a real doctor that is far more detailed usually than a 15 minute C & P exam.

This is exactly the evidence that VA needs to consider-

sounds like the same thing my husband went through-

someone at the VA told him to consider Voc Rehab in computers (his background was Nuclear Power and enginerring also PHVAC and fireman-HAZMAT qualified- but VA had denied him an interview for a position he was fully qualified for per OPM and we raised such a stink with the director- that the director gave him a part time position (so he wouldnt file EEOC-which he did anyhow years later against them)

I believe it was the Director himself at a meeting we had who suggested the Voc Rehab.

My husband was very intelligent but his PTSD interfered with every aspect of college-

his undiagnosed DMII and visual problems that came with that was only part of his difficulties.

It all made his anger escalate and his PTSD got worse.

SSA- been there on that- I bet VA didnt even attempt to get those records.

SSA declared my husband 100% due to PTSD in 1991.

By 1993 they still had not received his SSA records.We asked 2 state Senators and our COngressman to look into this.

The VARO wrote to them that SSA refused to release his records.

It was a bold faced lie.

I called SSA in Baltimore determined to get someone to straighten that out.

Come to find out his VA authorization form -which was in the C file- for these records was never ever sent to the SSA.

Long story- VA finally acknowledged his SSA award for PTSD in 1997. He had been dead for over 3 years by then.

Make sure VA has your signed authorization form for these critical records and that they have obtained them or definitely will.

I think they deliberately avoid getting SSA records sometimes as these records can prove a veteran's claim for TDIU.They contain in essense an independent medical opinion from a real doctor that is far more detailed usually than a 15 minute C & P exam.

[poolguy11550]

Another R/O denied my claim for IU due to the fact that the R/O I'd used to work at did not respond to the employment questionnaire two times. They did not mention any medical evidence in the decision letter. Request a DRO hearing and focus on your medical conditions. If you need help to move about the campus (I did), note that and discribe other challenges of taking classes- such taking a part time load, or taking a semester off.

Point is to get the VBA to focus (as they should) on the medical evidence.

[deltaj]

I can't recall the exact wording of this regulation but wasn't there something in the regulation about the veteran being employed 1 year or more. Also doesn't this regulation apply to reduction of a 100% rating?