Denied

[RSG]

Ok,

for the second time I was denied IU again and told to take my claim to the BVA...Why does the VA keep doing this. I haven't been able to work since 2001 and was retired for the same medical issues by SSD..

I can't understand this.......Tnx

RSG

[RSG]

my shrink covered that problem by stating in the treatment records "that this patient would be totally and permanently disabled solely by his symptoms from his PTSD" he wrote that in my record every Feb since 2004 and continues to write it as late as this past Feb and I was SC in 2005 at 50% which was raised to 100% P&T in May 2006 I don't think my VA trusts the VA not to play games down the road either so he writes excellent treatment notes I have been seeing the same doc for more than 7 years what surprises me as we all know the turnover of doctors I seem to get a new primary care doc at the rate of normally annually cardiac doc every 2 years so to keep one doc for more than 5 years seems amazing

when the RO has another medical issue to blame you being totally disabled by they will use it against you so I agree with John you have to get a psychiatrist to state that your PTSD is totally disabling regardless of your other medical issues and if you didn't have them you would still be considered to be totally and permanently disabled and that he does not expect you to ever be able to recover from them

if you have had PTSD more than a decade and it hasn't gotten better it more than likely never will get better (I am not a doctor and that is just my own opinion but it's as good as the janitor they have doing some of the C&P exams)

I have been battling this for 40 years, the majority with no help for 30+ years

[Bravo6]

Have you tried having a VRE counselor write a statement stating you are unemployable? Have you gone through VRE, if so, have you had an ILS assessment of your home from a VRE counselor? This would help your claim, IMHO, big time!

I was denied IU but once I had this statement from VRE stating that I was unemployable due to my SC condition, I was granted within a week. Literally, I read the denial on a Friday, called my VRE counselor that same day (in which he just left my house on the day of the denial), he wrote said letter, by the next Wednesday, he called and told me that I was granted IU! So for me it took said letter to be granted TDIU!

B6

[RSG]

Have you tried having a VRE counselor write a statement stating you are unemployable? Have you gone through VRE, if so, have you had an ILS assessment of your home from a VRE counselor? This would help your claim, IMHO, big time!

I was denied IU but once I had this statement from VRE stating that I was unemployable due to my SC condition, I was granted within a week. Literally, I read the denial on a Friday, called my VRE counselor that same day (in which he just left my house on the day of the denial), he wrote said letter, by the next Wednesday, he called and told me that I was granted IU! So for me it took said letter to be granted TDIU!

B6

What is the VRE?

[Bravo6]

Vocational Rehabilitation and Employment (VR&E)

Independent living services (ILS)

http://www.vba.va.gov/bln/vre/

Edited July 28, 2010 by Bravo6

[RSG]

I found that the Va has been trying to deny me because I had tried to work but couldn't. I earned less than the poverty level nor did I have a "substantially gainful employment" VA Quote.....So I think it's the same ole story,

screw the VET any chance you get...They can't even consider income if it does not even reach the poverty level or their definition of substantially gainful employment...Tell me if I am wrong.....

tnx

[carlie]

RSG,

Your NSC medical problems are the reason that VA has denied IU.

I am sure from what VBA stated in the Rating Decision that the VA does have a copy of your SSA decision

and the disabilities listed by SSA show additional disabilities that are non service connected.

VBA stated,

" Additionally, disability determinations as rendered by the Social Security Administration are not binding on V A. Entitlement to Individual Unemployability can only be granted when a veteran's inability to maintain gainful employment is due solely to service-connected disabilities. That is, a veteran's service-connected disabilities alone must be of such severity as to render him incapable of securing and maintaining substantially gainful employment."

You posted,

"Yes, there are other medical conditions I have. insulin dependant diabetes, neuropathy very extensive, serious nerve damage from my neck down.....as well as some kind of degenerative disc disease. I had carotid artery surgery at the va hospital, to prevent further strokessome other thing to do with my vision..... But none of these can be contributed to the service".

The non SC'd issues and not having a mental health doctor, or vocational / occupational specialist, statement fully supported,

stating that regardless of your NSC disabilities,your are in no way able to hold any employment due solely to your mental health disability.

jmho