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Chances Of Approval?

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yoopergirl

Question

I was awarded a combined rating of 70% in 2008. I sent in a claim for IU permanent and total in Jan. 2011. My claim is still sitting in the gathering of evidence phase, I know have patience. What I am wondering is that I am rated at 50% for migraines which is the maximum and part of the criteria of that rating is that it causes sever economic impact on your ability to work, I am also rated at 30% for bipolar disorder and my VA Psychiatrist who I have been seeing for over 5 years has written a letter which I sent to St. Pete RO which stated that he considers be permanently and totally disabled but when I went for my C & P the "girl" who examined me for psych said I should be able to hold some sort of job. I am wondering which will weigh more heavily and if anyone has any opinion on my chances of being awarded IU permanent and total.

Thanks in Advance!

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If I were you I would try and get an IMO/IME to say you are unable to work. I use the St Pete VARO and I find that unless it is spelled out by the weight of medical opinion that you can't work the VA may just deny TDIU. I was 70% and on SSDI and the St Pete VA denied my TDIU claim until I got more evidence in the form of an IMO.

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If you receive SSA benefits (SSDI) that should also be considered and

factored into you VBA claim for IU.

BUTTTTTTTTTTTTTTT ..................

If some of your SSA award is based on conditions that are not SC'd then

VBA will use that to help support a denial for IU.

JMHO

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It also helps to know that anytime an increase of compensation is claimed (ie..IU)...each rated disability of the Veteran will be re-evaluated. JMO..The letter written by your VA psych is going to outweigh the impression of the C&P "girl" which more and likely wasn't a psychiatrist anyway. Even if she was, the rater should give the credit to your Va psych due to he/she was the treating Dr. at the VA.

In my IU claim, the C&P examiner also stated I can do sedentary work, but the rater disregarded that and credited the statements from my treating Dr's, therefore awarding me TDIU.

It would greatly help alot if you try to get an IMO like John mentioned. It would also benefit you more by using the IMO examples set forth in the IMO forem here. The examples are written in accordance to what the raters need to have for a proper IMO using the proper VA language. You can make a copy of it and give it to your DR that's going to write it for you so he/she can go by. This would add icing to the cake, sort of speak. If the Dr refuses to fill one out, ask if you can write it out and if he approves could he sign it. Make everything short but to the point. One or 2 pages should be suffice.

This is your claim and nobody is going to care more than yourself to try to get this awarded. I can honestly say, eventually you will win. So what you do right now is going to reflect on how long it's going to take and finally succeed. Good luck on whichever way you go!

Coot

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