tdiu Good Evidence Or No?

[scout1069]

I received 2 letters from Voc-Rehab today. 1st letter: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We reviewed your record and determined your employment abilities along with intensive medical treatment do not make it practical for employment. 2nd letter: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. And it goes on to say, "Because I am denying you participation in a return-to-work program, I am required to provide you with your appellate rights. So is this good evidence to appeal my TDIU denial and SSDI denial? Or do I need more?

[carlie]

Okay, here are both letters in entirety.

Letter # 1: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. We met on 10/06/2010 for orientation and found you to have an employment handicap and entitled to Chapter 31. We reviewed your record and determined that your employment abilities along with intensive medical treatment do not make it practical for employment.

Letter #2: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services.

We completed a Preliminary Independent Living Evaluation. You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication. Further exploration did not support a need for independent living services. You are actively receiving medical services from your medical professionals at the VAMC. They are addressing many of your concerns and working with you to overcome your mental and physical disabilities. You report to have family support in the area.

Because I am denying you participation in a return-to-work program, I am required by VA regulations to provide you with your appellate rights. This way, if you disagree with our decision to deny you this benefit, you or your accredited representative may request an administrative review by righting a letter to this office stating the reasons for your disagreement. You or your representative may also formally appeal this decision by following the procedures outlined on the attached VA Form 4107, Notice of Procedural and Appellate Rights. You should note, however, that you cannot request an administrative review after you have submitted an appeal.

quote name='Berta' timestamp='1291300280' post='227198']

"Voc-Rehab letter

#1: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services. There's more but I think what you need to see is right there in that 1st sentence. Voc-Rehab letter

#2: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services. There's more to that one as well, but again, that 1st sentence says enough."

In my opinion it does not say enough at all.

A determination by Voc Rehab that states the veteran's Service Connected disabilities render the Voc Rehab program as unfeasible for the veteran-is proof of unemployability due to service.

"There's more to that"

We need to see the "more to that" part.

scout,

I don't think what you posted from what the Voc Rehab person put in writing is "more to that" is enough or adequate for IU.

" Letter # 1: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services."

" Letter #2: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit

from a program designed to return you to gainful employment or receipt of independent living services."

IMO, both of these are insufficient because nothing is stated regarding the impact of your SC'd disability's to employment.

Can you go back to this person and get them to write more details, something like -

IMO, this is what you need.

Due solely to the veterans service connected disability's of XXX, XXX, XXX, it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services.

[scout1069]

Okay, so I'm probably looking at another denial then. Should I get a letter from them now and submit as new evidence now or wait until I have been denied again if that happens? Also, how good of evidence from a licensed clinical social worker be stating the same thing. What do people have the best success with as far as letters. I'll just ask for the people that oversee my care to write letters as well. Is that a good idea or not? I guess I have beaten around the bush too much with some of these people. Is it okay to just come out and ask the medical professionals to write a letter stating just what you said?

scout,

I don't think what you posted from what the Voc Rehab person put in writing is "more to that" is enough or adequate for IU.

" Letter # 1: I stopped action on your claim because it appears employment is not feasible and you do not need independent living services."

" Letter #2: As your vocational rehabilitation counselor, I have made a determination that it is not feasible for you to benefit

from a program designed to return you to gainful employment or receipt of independent living services."

IMO, both of these are insufficient because nothing is stated regarding the impact of your SC'd disability's to employment.

Can you go back to this person and get them to write more details, something like -

IMO, this is what you need. Due solely to the veterans service connected disability's of XXX, XXX, XXX, it is not feasible for you to benefit from a program designed to return you to gainful employment or receipt of independent living services.

[carlie]

Okay, so I'm probably looking at another denial then. Should I get a letter from them now and submit as new evidence now or wait until I have been denied again if that happens? Also, how good of evidence from a licensed clinical social worker be stating the same thing. What do people have the best success with as far as letters. I'll just ask for the people that oversee my care to write letters as well. Is that a good idea or not? I guess I have beaten around the bush too much with some of these people. Is it okay to just come out and ask the medical professionals to write a letter stating just what you said?

scout,

I would be running to get back with that Voc Rehab person and the LCSW for this

additional documentation / evidence in support of IU.

I would want it there now to be considered and not wait for a denial.

I would make several copies of it.

Then I would write out a brief 21-4138 for itemizing this ADDITIONAL evidence

(do not list it as N&M as that is for re-opening an issue and shortens the effective date)

and I would drive to my RO and submit it in person and get a date stamped copy,

or to my VSO and/or fax it to the RO, or as a last resort mail it to the RO return receipt requested.

[scout1069]

Thank you very much for the help. I've been waiting and calling the 1-800 # for a few months now and it's getting very frustrating at this point. So how do I present this to the voc rehab? Just ask him to write the letter like you said or am I going to need something from my LCSW first. He was pretty reluctant to do anything like that for me when I talked to him last. He stated that he couldn't fight the VA for this since he works for the VA. Are they supposed to be cooperative with you on this?

scout,

I would be running to get back with that Voc Rehab person and the LCSW for this

additional documentation / evidence in support of IU.

I would want it there now to be considered and not wait for a denial.

I would make several copies of it.

Then I would write out a brief 21-4138 for itemizing this ADDITIONAL evidence

(do not list it as N&M as that is for re-opening an issue and shortens the effective date)

and I would drive to my RO and submit it in person and get a date stamped copy,

or to my VSO and/or fax it to the RO, or as a last resort mail it to the RO return receipt requested.

[Berta]

Me too Carlie Mosh Kosh

You are 80% now - so there MUST be an impact of your SCs on your Voc Rehab situation.

I would write the letter as Carlie said and ask him to define clearly whether or not your SCs impact on the denial of Voc Rehab.

And if not- what kind of medical rationale can he document for you to justify that they don't.

Do you see a VA shrink or just the LCSW?

"You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication."

If the emotional instability and medication regimen is due to your SC disability and it's SC meds-

he should state that in his report.

[scout1069]

Ahh yes. That makes total sense to me. I just don't know how to play this game yet, so thanks for your help. I take Seroquel, Bupropion, Citalapram for my PTSD conditions. All of these meds have an impact on my daily living. And they are all prescribed to me from the VA. When I submitted the current Voc Rehab letters as evidence, I also submitted some of my VA med records where I had talked about employability with a psychiatrist back in Mar. 2009 who stated he did not see me being employable at that time as well as current ones from 2010 after talking with my LCSW about it. He wrote something similar to 1st doc's notes. Currently I see a LCSW and a ARNP-BC for my meds.

Me too Carlie Mosh Kosh

You are 80% now - so there MUST be an impact of your SCs on your Voc Rehab situation.

I would write the letter as Carlie said and ask him to define clearly whether or not your SCs impact on the denial of Voc Rehab.

And if not- what kind of medical rationale can he document for you to justify that they don't.

Do you see a VA shrink or just the LCSW?

"You reported that you are having difficulty functioning because of your emotional instability and medical regimen, including medication."

If the emotional instability and medication regimen is due to your SC disability and it's SC meds-

he should state that in his report.