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Good Evidence Or No?

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scout1069

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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?

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Okay, so I e-mailed my Voc Rehab counselor yesterday with my request and then again this morning better outlining what I was looking for. To my surprise, he e-mailed back this morning and said he could help with the letter,but that my case wasn't closed and he is waiting for some funding to free up so that they can schedule an in-house assessment for ILS. Then he called a couple of hours later and after talking things over, he said he would call VARO and speak with whomever is looking at my claim. Does this sound positive to anyone?

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.

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To me it does sound positive!

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I received another letter from my Voc Rehab counselor saying: 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 due to your service connected disabilities. However we will be providing you an evaluation for Individualized Independent Living Services. Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits? My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

Yes it sounds POSITIVE! Have Faith and everything will work out in the long run!

God Bless!

B6

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I received another letter from my Voc Rehab counselor saying: 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

due to your service connected disabilities.

However we will be providing you an evaluation for Individualized Independent Living Services.

Is this in addition to TDIU or am I now waiting for them to do this evaluation before they move forward with my claim for TDIU benefits?

My counselor has advised me over the phone that my case is not closed and they are waiting for funding to do the ILS eval.

scout,

This looks good. I would make about 10 nice, crisp, clear copies of this to keep

in my files.

Also scan and put on a disc if possible, with other things of importance.

This evidence can also be used for an SSA claim, if you have one.

I believe the IU should be adjudicated separately from an Independent Living evaluation

as these are separate benefit issues.

I do not think the VARO is even in the loop to make a decision on you receiving any Independent Living benefits

unless those benefits are denied and you somehow appeal them.

I would also submit a copy of this additional letter (for support) on your issue of IU.

Yes, I know you were told,

"he said he would call VARO and speak with whomever is looking at my claim."

That's all well and good - but it's verbal !

It needs to be of record in writing in your claim.

I would have it there pronto (with proof I submitted it) as they have not yet finished adjudicating this issue.

JMHO

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