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I Was Hoping That I Wouldn't Have To Ask For Help.

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Fosk

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I need some help with my form 9 but I don't know where or what to write. I have had 50% for migraines and just received 30% for MDD, in my SOC it states that I have PTSD but the IMO didn't state whether I was able to work or not so my TDIU was denied. The only thing I have done was to get a letter from my Phd doc and she wrote that i was unemployable due to a gaf of 44 and that I had MDD and PTSD with psycosis. I also scheduled an another IMO for march the 10th but if I don't need it I wouldnt mind not going. Any help would be appreciated as I am clueless on what to do. I can scan my soc and my increase letter but its alot of pages. Thank you in advance.~~~Fosk

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Fosk

What you need to show is that your depression is so bad that you can't work. You don't need to show you have PTSD. Like Bronco says they only rate on one mental disorder. If you have major depression that is more than enough for TDIU if you can get your own doctor to say that is the reason you can't work. Your doctor should do a VA style work-up with a GAF and description of symptoms,history, and prognosis. You have more than enough wrong with you but you have to show severity. The VA is just playing hardball with you. They did the same thing to me when I had 70% by denying my TDIU on some pretext.

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I just don't know what the next steps are... do I file another NOD or send in the Form 9 or is there a CUE and what form goes with which? I have checked all over this area and have not found a good VSO so all I am using is the state of Virginia's VSO and they are terrible to say the least. I wish to fight this myself all I need is education from the elders and I'll do the rest.

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Did they send you the Form 9 yet?

Have you filled it out (make copy) and sent it back to them? Within the proper timeframe?

The last page is their TDIU denial Reasons and bases.

I see this decision was based on a De Novo DRO review.I dont see the basis for a TDIU award.

They mentioned you are in some sort of work program so they considered you as employable.

What I see here matches the 30% criteria.

You could consider getting an IMO with any retro they sent to you-on the 30% award from a Vocational Expert. But the results of that might well be that you are ,in fact, employable.

If they failed to consider significant evidence tell the BVA that on the I-9.

Tell the BVA anything at all that you can prove would warrant a higher rating then the 30% by using the Schedule of Ratings.

I am confused here as to what exactly you can appeal-are you appealing the 30% rating or the TDIU denial or both?

What did the state VSO recommend as the next step regarding each claim?

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I hope others will read the pdfs here and respond.

The 30% award was dated Feb 10,2011.Did they enclose a I-9 for that if you disagree? Did they say you could get a De Novo DRO review for that decision?

It appears the TDIU was denied by DRO review dated Feb 20, 2011-did they send a blank I-9 on that?

Do you have any significant evidence they failed to consider for either claim?

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Ok. I have some issues here with your decision. One is that it conflicts with itself. It admitted that you had "fleeting suicidal ideations" but then it later said you did not have SI/HI. This is important. They are not taking your SI seriously!!!! It is a big NO NO for the VA to not do this!!! Veterans have killed themselves!!! THey have to take ANY suicidal ideations, even fleeting ones, seriously.

SI are exclusively in the 70% and 100% criteria and NOT in the "lower categories". I would argue that they are saying your life is not important! IT is important!!! I am ticked about this!!!

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