tdiu Being Fired/having To Quit Due To Sc Disabilities

[BoonDoc]

I have been fired twice, and had to quite once due to my SC disabilities, and in each case the former employer lied as to why I was fired, or left. The VA has been holding this against me for years.

My last job was I had was a part time job that I worked two hours a day in an office of a SEC 8 HUD apartments, making less than $500.00 per month.

I had to quite, and let My wife take over.

The VA said that I proved that I could work, even though it wasn't gainful employment.

I sent in My tax returns for the year that they said that I worked; proving that I had no income for said year. The Va didn't budge on their position.

Has anyone, who has had this happen to them, been able to dis-prove false statements made to the VA by former employers?

I believe that this is vital to my claim for TDIU.

The only thing that I can think of is hiring an attorney, to get their records.

Any suggestions would be appreciated.

BoonDoc

[BoonDoc]

I found the C&P exam from last JUL 30, 2007, for my current claim.

Psychiatric Diagnosis:

AXIS I: 309.81 Post-traumamatic stress disorder, chronic

300.21 Panic disorder with agoraphobia

309.0 Adjustment disorder with depressed mood.

AXIS V: GAF, 53.

COMMENT ON DIAGNOSIS: I believe the veteran's frequency of post-traumatic stress disorder symptoms ais ( marked out are and put is in place of are) noted above I believe these symptoms are mild-to-moderate and have persisted for a number of years. The frequency of agoraphobic symptoms is assiated the veterans experiences. With his current medication and with his wife's assistance, he appears to be able to get out in public at least on a sporadic basis. I believe those symptoms are moderate in severity and have persisted for years. I did not find evidence that they are specifically secondary to the veteran's migraine headaches. The veteran also had some depression and I did not find evidence that that depression is specifically secondary to migraine headaches. I think his migraines are one of many factors that contribute to anxiety and depression. I did not find evidence that any psychiatric disorder preclude all employment. I think there are certain employment settings that would be possible for the veteran. He reported some social isolation. Certainly, there is considerable discomfort around other people as well as a lack of trust in other people. No impairment in thought processing or communication was noted. I did not find evidence that any of the veteran's psychiatric disorders preclude activities of daily living, although it may restrict some of his activities. The veteran denied alchol or drug use. I did not find evidence of another psychiatric disorder in today's examination other than the ones diagnosed above."

Edited August 21, 2009 by BoonDoc

[SLEDGE]

The regs establish a legal limbo that is favorable to the VA.

"May be assigned" and "In the judgment of" can and do nullify any actual 'rights' that you could interpret as having under the regs.

The word 'MAY' is on the first page of the VA and in virtually everything after that.

That word gives the VA permission to 'grant' your claim 'if' the agency wants to.

There aren't any statements in the VA regs that tell them something 'must be' done a certain way in order to comply with Due Process.

The courts have been trying to give us rights, but nothing has been written by or passed in the congress that changes the historical status quo.

Be nice, follow the rules and don't piss'um off.

You will your deserved benefits sooner or later.

Keep playing the game.

sledge

[BoonDoc]

Sledge,

I think pissing the VA off a long time ago didn't help Me any.

I appreciate the advice and encouragement, it's a long lonely march, as all here know.

BoonDoc

[Berta]

Interesting point on the word "may"

A C & P examiner said in a C & P on my claim that the veteran "may or may not" have had diabetes mellitus due to AO.

The BVA rejected this as inconclusive one way or the other, and accepted insteady 3 IMOs and other documentation that clearly stated he did have diabetes.

This was an undiagnosed and untreated condition never appearing in his med recs but I proved he had DMII and that it caused his death.I proved it to myself befire I laid out thousands for those IMOs. The VA was ignoring all of my lay medical evidence.

It seems to me that "may or may not" could be the same as 'at least as likely as not'.But the C & P PA didnt state it that way.

The BVA gave the PA statement no weight at all.

[Hoppy]

Boondoc

“I did not find evidence that any psychiatric disorder preclude all employment. I think there are certain employment settings that would be possible for the veteran.”

The above statement is absolutely meaningless. Unfortunately, the rater might have given weight to this statement. The only way the examiners statement would have any probative value is if he identified an expectation that you would meet the earnings requirements Wholesale posted as to marginal employment. I pasted it below.

Your profile says you are 70%. I take it this is for a single condition. Are there any other exams that address your employability other than the one I referred to above. If not, I would argue the examiners statement without reference to an expected earning capacity was inadequate and further evaluations are necessary.

Also, I agree with wholesale that proving you were fired with employers statements is not that critical. The fact that you have an unstable work history speaks for itself. It really does not matter if you quit or were fired. If you want to pin down employers file for unemployment. In my state the employer is required to respond with a statement. The statements will address as to whether you were laid off due to lack of available work or if you were terminated due to your failure to show up to work or other types of misconduct. They send you a copy of the employer’s response.

Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person.

[BoonDoc]

Hoppy,

I have my claim at thr rating board now, since the last week of June 2009, and I read the C&P exam in a negative way. This was addressing something that is not yet SC, PTSD. My psychiatrist and psychologisy told me to file, evernually I did after accepting I have had the symptoms for years.

I was fired years ago for missing work due to my migraines, anxiety, depression and agoraphobia. I worked 2 hours per day sitting in an office accepting application for HUD SEC 8 housing. I didn't make $500 a month.

I was in college before this, and was terminated because of the migraine, etc. and after having to have my wife take over my part time job, I haven't been able to work in 1996.

I'm keeping all of the suggestions for when I get my decision, I always plan for the worst..it doesn't take as long for me 'to get back up from the body slam of a denial'

I appreciate the help to everyone who has commented!

BoonDoc