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Iu Appeal

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jack81mm

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Hey. I have 70% PTSD n dont work. Havent full time in 6 yrs. All due to the PTSD symptoms.

Just rec'd letter from my VA psychologist to send with IU app on appeal.

Lookin to git opinions on my questions n DR letter for IU claim. It doesnt say it in the

words most say a letter needs to be for the rater to grant IU more easily but what do

you think? I did stress to the DR how it needed to be worded. As I said before he is

concerned bout some crap goin on wid this C&P dr who has repeatedly stated to most all

of his vets at C&P exam they r either lyin or dont have PTSD. So my Dr n others in this

area r bein looked at under a microscope. He is concerned about backlash from his

supervisor if he writes bluntly somtin like vet cant work due to PTSD.

I also have a friend who I have attempted to work for but could not continue because of

my PTSD sypmtoms. He is now sayin he will complete any form like the form VA sends to

past employers after u apply for IU. He will back up anything he states if VA contacts

him by either mail or phone. He is a disabled vet himself. He paid me out of his business

miscellaneous funds. I didnt report this amount to the IRS. It was only a few hundred

dollars. Should I put this work down on the 21-8940? And do you think the small amount

will be a problem in me not reporting it to the IRS? I understand the VA does a check

with the IRS.

I have to send/fax to legion rep by aug 15 to meet one yr deadline.

July 15, 2010

To whom it may concern:

I am writing this statement in support of ******. *** is followed at the **** clinic

at ***** in the Va system for

PTSD, secondary to his Depressive disorder. **** is followed at our clinic by

psycholgist(myself) and a psychiatrist for weekly group psychotherapy and pharmacotherapy.

This statement is written on behalf of *** claim for unemployability. The VBA has

currently evaluated *** at 70% criteria for PTSD, recognizing that *** has occupational

impairment through "difficulty in adapting to stressful circumstances" as well as an

"inability to establish and maintain effective relationships." **** was referred to and

evaluated by the VBA's VOCREHAB program, and the evaluation concluded that "he is

infeasible for a training program leading to full time employment at this time due to

his PTSD symptoms."

In concurrence with the VBA's VOCREHAB, in my clinical opinon, *** does not possess

the requisite emotionally stability to successfully maintain gainful employment. Please

consider these factors in your evaluation of *** claim for unemployability

signed *****

Staff Psychologist

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I dont think you should worry about the few hundred bucks you earned.You could put it on the form but this is not substantial employment.

The Voc Rehab statement should get you TDIU.

If VA Vopc Rehab finds a veteran is un vocrehabable due to their SC, then that veteran is unemployable due to their SC.

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Hey Berta,

Thx for your reply. In my IU denial letter The VA continues to use things against me. Just like I try to use the things that are helpult for me. The reason they said I was denied because I didnt send in form 21-8940. I understand that now. My mistake. But they mention things like the VOCREHAB letter where I was denied. They question my diagnosis of PTSD. One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD.

Now I have numerous signed papers from VA Psycholgoist n Psychiatrist that I see regularly that state I only have PTSD n Depression secondary to that. I currently am in VA PTSD group therapy.

My question to you is should I also send in VA notes, letters where my VA DRS state I only have PTSD to counter the VA with their notion that I MIGHT NOT have PTSD? Although the VA has this paperwork apparantly they dont read it or just playin devils advocate. And I highlight this evidence to send in.

I also should say I had a PTSD C&P review 6 months ago and both DR diagnosed me with PTSD. The reason I was told I do that was because of a local C&P examiner(diff than the other 2) not wanitng to diagnose vets for PTSD or sayin they r lying. He has over 200 complaints against him. Therefore I can see why the VA wants to question the diagnosis/severity of myself n other vets. Im sure they were looking to see if this bad guy was accurate or not.

I dont want to confuse an claim rater/rep but just send in a few pgs to say hey! This is my evidence to dispute what the VA thinks.

I hope I made it clear and not jumbled. My point was that VOCREHAB was not a smokin gun in my case. I agree it normally should.

Do you think my letter I posted is worded correctly the way VA wants it to be?

Your thoughts please

J

I dont think you should worry about the few hundred bucks you earned.You could put it on the form but this is not substantial employment.

The Voc Rehab statement should get you TDIU.

If VA Vopc Rehab finds a veteran is un vocrehabable due to their SC, then that veteran is unemployable due to their SC.

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"One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD."

???

I think the letter is excellent.

Can you scan the decision and attach it here as to the part where the VA seems to question if you have PTSD?

Be sure to Cover personal info.

"As I said before he is

concerned bout some crap goin on wid this C&P dr who has repeatedly stated to most all

of his vets at C&P exam they r either lyin or dont have PTSD. "

That is all we need-with the new PTSD regs, the comp is dependent on a VA shrink to diagnose PTSD.I bet VA will love this doc in the coming months.

I fear that even with a strong IMO for PTSD some vets will not get the VA diagnosis they need if they are trying to fall under the new PTSD regs.

Actually even if a VA doc says not PTSD and the vet has IMO shrink that says yes it is PTSD with a full medical rationale-that should award the claim under Benefit of Doubt but

will the VA invalidate our Relative Equipoise BOD rights and still hinge on any VA shrink's denial of a PTSD diagnosis?

And not consider any independent medical opinion that does diagnose PTSD?

The new PTSD regs give VA psychiatrists, social workers and psychologists a lot of power in the claims process that they didnt seem to have before.

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Hey Berta,

Im sure its alot easier to look at entire decision vs me trying to handpick the important parts on why they denied. I will try my best to scan it at a friends n put it here. If I run into the putting it here problem maybe someone can instruct me how to do so.

Im sorta stuck bout the new decision but Im more on the vets side with it. Hopefully it doesnt play a part with vets who are diagnosed earlier than this decision.

""""One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD.""""

...Im trying to say about 2yrs ago I went to VOCREHAB n their DR saw me for bout 30 min and diagnosed me with a bunch of things including PTSD. This is in the VOCREHAB letter that states they I am infeasible for training due to my PTSD. At the time I wasnt s/c for PTSD but did have about 20% for other injuries from Iraq. I was s/c for PTSD about 1 yr ago. The part about the VOCREHAB DR diagnosing me with bunch of things including PTSD was mentioned in my IU denial letter and my PTSD approval letter. One of the things mentioned in both my PTSD approval letter and the IU denial letter is they question if I have PTSD at all. Im sure one reason is because of the VOCREHAB DR diagnosing me with other things besides PTSD and the C&P DR I first mentioned in the previous post saying I didnt have PTSD.

""""Actually even if a VA doc says not PTSD and the vet has IMO shrink that says yes it is PTSD with a full medical rationale-that should award the claim under Benefit of Doubt but

will the VA invalidate our Relative Equipoise BOD rights and still hinge on any VA shrink's denial of a PTSD diagnosis?

And not consider any independent medical opinion that does diagnose PTSD?"""""

...I agree with you but I actually had both my VA DRS I see regualrly for the last 5 yrs or so say I have PTSD 5 yrs ago and the VA still didnt want to accept it. They put more weight with the idiot C&P DR I mentioned. And a VA DR is the one who told me this C&P DR had over 200 complaints against him. AND FYI I was not one of them.

THX

J

I

"One reason is because the VOCREHAB dr stated about 10 diff diagnosis on including PTSD. I only saw him for 30 min. The VA is sayin his diagnosis brings up a question mark as to if I have PTSD."

???

I think the letter is excellent.

Can you scan the decision and attach it here as to the part where the VA seems to question if you have PTSD?

Be sure to Cover personal info.

"As I said before he is

concerned bout some crap goin on wid this C&P dr who has repeatedly stated to most all

of his vets at C&P exam they r either lyin or dont have PTSD. "

That is all we need-with the new PTSD regs, the comp is dependent on a VA shrink to diagnose PTSD.I bet VA will love this doc in the coming months.

I fear that even with a strong IMO for PTSD some vets will not get the VA diagnosis they need if they are trying to fall under the new PTSD regs.

Actually even if a VA doc says not PTSD and the vet has IMO shrink that says yes it is PTSD with a full medical rationale-that should award the claim under Benefit of Doubt but

will the VA invalidate our Relative Equipoise BOD rights and still hinge on any VA shrink's denial of a PTSD diagnosis?

And not consider any independent medical opinion that does diagnose PTSD?

The new PTSD regs give VA psychiatrists, social workers and psychologists a lot of power in the claims process that they didnt seem to have before.

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What is the 20% SC for?

Have you applied for SSDI disability benefits?

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Tinnitus n hand...My Tinnitus and hearing are a big factor, in my eyes, with preventing me to work. I have nerve damage so I have pain in my ear. Otalgia and recruitment. Cant hear well sometimes. Individually, they are not a problem but together they effect me constantly throughout the day. The PTSD is by far the biggest.

No. I havent applied for SSDI. I want to git my ducks in a row first. I am not hiring a lawyer. A relative is helping me with this as I obviously cannot go at it alone since I have only couple good days out of a month. But between the two of us can complete paperwork correctly and gather qualifying evidence to garner an approval. I understand I am losing money now by not establishing possible effective date, the denial figures, etc. I also havent decided if I want to appply in the next few months or wait for IU decision. Although IU decision would have to be approved to help.

THX again

What is the 20% SC for?

Have you applied for SSDI disability benefits?

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