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]

CArlie

So, If I got a letter from my Va doctor stating that the I can not hold a position of employment should be what I need. Correct...and only because of the depression, correct? See

that if you are 100% upfront and honest about everything the Va uses it against you correct.....pretty normal, me thinks.

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

[carlie]

RSG,

A MH specialist would need to state that in their medical opinion,

regardless of your non service connected disabilities, it is their medical opinion that you are more likely than not,completely

unemployable for any type of employment due solely to your service connected mental health disability.

They must fully support this opinion by listing and stating medical evidence from below, in their written opinion.

Usually I would post the at least as likely as not statement - but I really feel your issue will need the more likely than not statement at this point.

You could still use a Voc / Occupational specialist supporting all of this. Having both would be the best.

Since the Rating Decision you posted is from a DRO - I think you could submit new and additional medical evidence (if you can get it)

and request the DRO reconsider your claim (due to this new medical evidence) and either increase your percentage for MH to 100 percent

or grant IU.

You would need to do this right away - and you probably will also have to submit your Form 9 to appeal to the BVA on time.

Below is what the MH doctor needs to support their medical opinion for an increase to 100 % MH or to support your IU claim.

The opinion does not have to list every one of the below - but should show the majority of these symptoms.

Again, this is only my opinion - you need this ammo to win.

General Rating Formula for Mental Disorders:

Total occupational and social impairment,

due to such symptoms as:

gross impairment in thought processes or communication;

persistent delusions or hallucinations;

grossly inappropriate behavior;

persistent danger of hurting self or others;

intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene);

disorientation to time or place;

memory loss for names of close relatives, own occupation, or own name .......... 100

[Cruinthe]

Have you submitted your SSDI award as evidence in support of claim? Also, did you clarify, on paper, that a GAF of 50 or below AUTOMATICALLY implies unemployability?

[RSG]

Have you submitted your SSDI award as evidence in support of claim? Also, did you clarify, on paper, that a GAF of 50 or below AUTOMATICALLY implies unemployability?

Yes I have submitted that, and also shows multiple times the GAF score of 40 or below...

[RSG]

Hi carlie,

I have submitted 2 IMO's already that state exactly what you specified. The last one was from approx 3 months ago..

RSG

RSG,

A MH specialist would need to state that in their medical opinion,

regardless of your non service connected disabilities, it is their medical opinion that you are more likely than not,completely

unemployable for any type of employment due solely to your service connected mental health disability.

They must fully support this opinion by listing and stating medical evidence from below, in their written opinion.

Usually I would post the at least as likely as not statement - but I really feel your issue will need the more likely than not statement at this point.

You could still use a Voc / Occupational specialist supporting all of this. Having both would be the best.

Since the Rating Decision you posted is from a DRO - I think you could submit new and additional medical evidence (if you can get it)

and request the DRO reconsider your claim (due to this new medical evidence) and either increase your percentage for MH to 100 percent

or grant IU.

You would need to do this right away - and you probably will also have to submit your Form 9 to appeal to the BVA on time.

Below is what the MH doctor needs to support their medical opinion for an increase to 100 % MH or to support your IU claim.

The opinion does not have to list every one of the below - but should show the majority of these symptoms.

Again, this is only my opinion - you need this ammo to win.

General Rating Formula for Mental Disorders:

Total occupational and social impairment,

due to such symptoms as:

gross impairment in thought processes or communication;

This is correct and specified already

persistent danger of hurting self or others

this specified already

memory loss for names of close relatives, own occupation, or own name

this also is specified in the IMO's

[Bravo6]

You need to be assess by an Occupational Therapist supporting your physical limitations. Have your PCP give you a referral to see an Occupational Therapist, they will conduct a Physical Limitation test (push, pull, walk, etc) to support that you are PHYSICALLY unable to work. Once that is done, you will be referred to VR&E which will contact you for a ILS assessment (well this happened in my case). Usually this person is a VR&E counselor, so they can write a letter stating that you are unable to gain suitable employment. Once this is done, POOF, you have new medical evidence to support being awarded TDIU.

The statement above is EXACTLY what I did. Then a week later I was granted IU! PERIOD!

Good Luck,

B6