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]

RSG,

These are the main factors as to why they continue to deny IU.

1)

"In support of this claim, we requested information from the three previous employers you listed on your application. ***** Auto Auction indicated you were never employed there. CarQuest could not access the requested information due to construction at their facilities. Auto Zone never replied to our requests. We therefore have no outside corroboration that a service-connected disability ever impaired your ability to function on the job or resulted in your termination from employment.

You submitted some supporting documents showing you attempted to contact your previous employers and were unsuccessful. However, without corroborating evidence indicating you were not able to continue working due to your service connected disability, your claim remains denied."

I have tried approximately 2 dozen times to contact all these people, in particular the Autozone people.It is all documented, they never responded....

they are worried about a labor dispute....I am sure.

What you can do :

Man - you've got to find a way to get your previous employers to document that disabilities that are service connected

interfered greatly with your employment and that is why they had to terminate your employment.

This is what is meant when people post - the information for your claim is ultimately up to you to get and submit.

2)

"You also submitted a statement from Dr. Brewer that indicated you have been diagnosed with mood disorder and possible non-combat PTSD. She recommends an increased evaluation. However, the evaluation assigned is an administrative decision based on the symptoms reported in comparison to the rating schedule. The letter does not change our previous determination which denies entitlement to individual unemployability.

What you can do :

Is this Dr. Brewer a regular doctor you have ? YES, MY VA Phsyciatrist......Behavioral health...

Will she write a letter stating that your service connected disabilities of XXX,XXX,etc... are so severe the result is,

total social or occupational impairment and in her medical opinion you are not able to hold employment of any type.

She already did that..That is what the letter includes

My GAF HAS BEEN 40 OR BELOW for the past 8 years of VA treatment.....

Are you service connected for a mental health issue ?

YES>>>>THat is also what the SSA retired me for.....

2001.

If yes - can you talk with your mental health doctor to see if they feel you aren't able to hold employment due to

this disability and see if they will write you a letter in support.

You can also get an IME/IMO from an occupational specialist or maybe even try Voc Rehab . ALREADY HAVE 4 of those.....All from Va Shrinks

jmho

[RSG]

Hi Betty,

Yeah that's so weird for me cause the SSA doctors were the ones that did all my exams and told me I could not work anymore...

tnx

Hi Ron,

I am proud of you. I have read the papers and will read them again.

This one sounds a lot like some of the mess I was sent.

Did you know that you can call Social Security and received a " Certified Notarized" copy of your work history.

I believe they charged me $35.00, but it came with a Gold Star and Official Certification Seal.

With that in my hands the employers that did not respond or who could not be contacted did not matter.

In my opinion, the VA has to accept that you know yourself as a lay person as to how you felt at the

time you filed for SSDI. You do not have to be of the medical profession to know if you could or

could not work due to your illness.

Always,

Betty

[john999]

RSG

This sounds bogus to me. If you get SSD soley for the same condition you are SC'ed for that should be enough to get IU. The VA is jerking you around on this. There is no way you can force former employers to say you were fired or quit because of some SC condition. Have you had a personal hearing on this? I was 70% and denied IU because the VA said my NSC were the actual cause of my being unemployed. I got around this by hiring a good IMO doctor. The doctor needs to review your records and write a medical history that includes the reasons that your SC condition is the sole cause of your being IU. What the VA is doing in your case is getting out the microscope to find a reason to deny. I think in your case I would hire a lawyer. The VA is going way, way out of their usual routine to deny you. The most important thing I believe is to have explicit statement from a psychiatrist saying you can't work because of your SC conditions. This is what got it for me. The doctor needs to address the very reasons you were denied point by point.

[carlie]

RSG,

You may have already posted this information somewhere but I don't have the time to go thru all the posts.

I would contact the Main Office of the Human Relations Department of Auto Zone and Car Quest.

Perhaps Car Quest has finished with the construction at their facilities.

The only medical issues of concern for IU from VBA are service connected medical issues -

if there are other medical issues that are not service connected - they will be factored in, to help support the denial for IU.

VA shrinks are not necessarily occupational specialist - at all.

IME/IMO from an occupational specialist.

What issues are you service connected for and at what percentage for each.

In your fully favorable decision from SSA - what disabilities were considered and of record to grant your claim for SSA benefits.

[stillhere]

OK RSG bear with me here because I may make you a little upset first before I can suggest some help. Quite honestly I see nothing in that decision from the BVA that says they agree with you but that is only my opinion.

Your problem right now requires a lawyer. A lawyer can supenoa statements from carequest, autozone and any one else. There appears to be good money here for a lawyer if you can get one to take it. Hell I know I would.

The other thing have you considered to have your state Better Business Bureue to handle it? If these guys know that you mean business believe me you WILL get a report!! Put some pressure on them where it hurts in their pocket like they are doing to you..

Good Luck!

[RSG]

RSG

This sounds bogus to me. If you get SSD soley for the same condition you are SC'ed for that should be enough to get IU. The VA is jerking you around on this. There is no way you can force former employers to say you were fired or quit because of some SC condition. Have you had a personal hearing on this? I was 70% and denied IU because the VA said my NSC were the actual cause of my being unemployed. I got around this by hiring a good IMO doctor. The doctor needs to review your records and write a medical history that includes the reasons that your SC condition is the sole cause of your being IU. What the VA is doing in your case is getting out the microscope to find a reason to deny. I think in your case I would hire a lawyer. The VA is going way, way out of their usual routine to deny you. The most important thing I believe is to have explicit statement from a psychiatrist saying you can't work because of your SC conditions. This is what got it for me. The doctor needs to address the very reasons you were denied point by point.

The depression started in the service I was trreated for 5 months in the service, I was discharged honorably. I have had no NSC's......All the doctors Are va phsyciatrists and psychologists and they all say that my depression is and has been SC'd since 1969.......