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Getting Ready For Next Battle With The Va A Couple Of Questions.

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10thFO

Question

I was rated at 70% back in May of last year. I have finally waited for a year for the VA Voc Rehab to deem me unemployable. As my year is almost up, I have forced myself to sit down and get all of the info I have gleaned over the past year and write up my TDIU form, and also apply for increased compensation due to my back and nueropathy problems really getting out of hand for me.

My Vet Center counselor wrote up a letter stating that I was unemployable and mentioned the failed businesses that I have ran into the ground. My Psychiatrist at the VA whom I see for my Medicine Evaluation every two months for 15 minutes, wrote up a form at the insistence of me showing her the regulation to assist. She wrote that I was currently unemployable due to worsening PTSD symptoms. She also wrote that she hoped I could be cured with continued treatment. She really pissed me off because she doesn't know me from Adam, but gives me canned advice, and only asks if I have wanted to kill myself since the last meeting, and if I'm still fighting with my wife. My vet center counselor is great and group therapy at least gives me some release for feeling welcome with my PTSD, but he is only a licensed MSW so they will probably through out his findings even though he is the only one I have seen on a weekly basis for the last year and a half.

So I was going to write a Statement of support for my unemployability, and was wondering if it would be a good idea to include the legal problems I've had since the onset of my PTSD 5 years ago. I was in a family business and took it over after my father died. It ran well for the next three years, until my PTSD got triggered. The rest has been hell. In total I probably have over 100K in judgements against that business and me personally. I have paid some off as time has passed but still owe probably over 50k. I forgot to renew my corporation status back in 2003 and this has allowed the creditors to come after me personally.

I'm not trying to beat the debt, but anytime i felt like i might get ahead and I got a little money from a job I could finally do, it would be attached by someone, and checks I had wrote would bounce putting me in further trouble with other companies. With the PTSD it is truly hard to concentrate and try to tie up loose ends, but I am trying to do the right things.

Is it possible that by attaching the judgements and court cases to my statement of support would actually support the theory of a few people that I am unable to work, or will it just stand out to someone that I am just trying to beat out debt.

I truly don't care about the debt, I just want to get it paid off so I can live my life in somewhat of a more peaceful state. An awful feeling is seeing the sherriffs car in my driveway to see more papers being delivered. And seeing a cop on the road and wondering if he is going to turn around to tell me he's got some papers for me.

My back condition isn't really helping matters either, but I've got the MRI's from this past year and dr's statements as to the severity of my problems with back pain and neuropathy. So I plan to go ahead and put in for the increase as well as the TDIU at the same time.

The Voc Rehab counselor said they will probably make me go see an outside contractor to deem whether I am employable or not, but I'm going to make sure when I file the paper, I attach some cases where it was found that pushing a broom is not deemed Gainful employment, to someone who was used to making managers or owner's pay. (funny thing about that as an owner, sometimes the broom pusher would make more) LOL>

I've been at wits end the last year over this delay with Voc Rehab, but have finally garnered the irritation and determination to go ahead and push the issue on this, as I need some financial security. As long as I can keep myself out of jail, I should be able to salvage my marriage and be allowed to help raise my son. If I go to jail, I know that I will be paid at 10% and that will be the end of my marriage and probably the end of me.

I appreciate any comments and suggestions. I just need some reassurance as I get ready for another long drawn out battle.

Thanks much.

Rob

80% SC/100% TDIU

70%PTSD All the rest is Back problems.

10th Mountain.

God Bless the Troops.

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Send them the medical documentation (copies) of this:

"My back condition isn't really helping matters either, but I've got the MRI's from this past year and dr's statements as to the severity of my problems with back pain and neuropathy. So I plan to go ahead and put in for the increase as well as the TDIU at the same time."

Send them documentation of this:

"My Vet Center counselor wrote up a letter stating that I was unemployable and mentioned the failed businesses that I have ran into the ground. My Psychiatrist at the VA whom I see for my Medicine Evaluation every two months for 15 minutes, wrote up a form at the insistence of me showing her the regulation to assist. She wrote that I was currently unemployable due to worsening PTSD symptoms. She also wrote that she hoped I could be cured with continued treatment"

Cured- yeah right- dont worry about that Veteran- they haven't "cured" a single case of PTSD yet.

The Voc Rehab counsellor-

Are you in Voc Rehab at all, or have they said you are not appropriate candidate for Voc Rehab?

The latter is evidence of unemployability-

if one isnt vocrehabable- they aint employable-

I dont see how Voc Rehab can declare you unemployable-

Did you file the formal 21-8940 TDIU form yet?

I would tell them of any employment difficulties directly due to your PTSD as well as legal problems- like- if the police had to come to your house for spouse argument-or a neighbor or employer caused your PTSD to act up-stuff like that- not saying this is the case with you though-

The VA, when my husband sued them under the EEOC- they discriminated against PTSD vets-would hire them but then prevent them from getting into full time positions-the VA gave terrible testimony about him to the EEOC. He was the only adversely affected vet that that was willing to state charges under the EEOC.Ironically his VA performance appraisals were all satisfactory.

The awful testimony about him in the EEOC transcriot was used in support of his 100% PTSD claim.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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if one isnt vocrehabable- they aint employable-

I dont see how Voc Rehab can declare you unemployable-

Did you file the formal 21-8940 TDIU form yet?

The Va declares you unfeasible for Voc Rehab and presto your unemployable! Wish it worked that way for me. But I havn't asked for IU. A 30% mental health rating gets you a label as having a serious employment handicap, so what does your 70% mean? Basically the same. File for IU you will get it.

Wish I could file for IU, I cant it will offset my retirement pay for a couple of more years. I am trying to get to 100% the hard way. Its been a month since I filed for SSDI, I am hoping the combination of not feasible and serious handicap make my SSDI claim fly through the system :)

Dam sure cant be slower than the VA!

And like u it took me almost a year for the Voc rehab people to reach the determination of non feasible...................

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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