Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story.
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Received My Denial On Iu, Mad Is Not The Word!



So, after almost 2 years of waiting I received that wonderful denial letter for IU. I was already rated at 50% for migraines and 30% for bipolar. I had asked for an increase and IU. Here is what the denial states:

DBQ Headaches Exam, Gainesville show the examiner opined that your migraine headaches should not preclude part-time light physical or sedentary employment.

WTF.....where are those jobs? And how exactly would they support me and my family? That is a joke, since the requirement straight from CFR is that 50% for migraines causes severe economic impact.

DBQ Mental disorders, Gainesville shows there is no objective evidence that you are unemployable due to mental disorder.

Really, tell that to my VA shrink who submitted a letter to the RO that he consideres me to be unemployable P and T. I guess that stupid girl that saw me at the C&P knows more about me than my shrink who sees me every month.

So, obviously they didn't increase my rating for bipolar because even though I fit their little rules to be rated at least at 50%, they don't want to do that cuz they would have to give me the IU more than likely.

I don't know where to go from here, I could really use some good advice. I am soooo mad at this point I could scream!

Link to comment
Share on other sites

  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

14 answers to this question

Recommended Posts

  • HadIt.com Elder

Get your NOD ready and see if your psychiatrist can refer you to one of his pals for an IMO. I was rated 70% for a mental health condition and I was denied TDIU. I got me another IMO and went to the DRO. I got my TDIU in about 9 months. This is just a road block they throw in your way. Keep on fighting. This is almost SOP for the VA to pull this stunt.

Link to comment
Share on other sites

I had acutally thought that I would get approved for IU but was not sure if they would approve the permanent and total (which I need for my kids to have health insurance), foolish I know. I am going to see my psychiatrist on Monday and am going to ask what he thinks I should do. He has told me in the past that he thinks the va actually tries their damndest to deny mental health claims and it frustrates him as well. He has told me that it hurts me when I go to a C and P. What I really don't understand is how the VA thinks that I can find a job that is part-time, sedentary and will work around my migraine schedule or lack of schedule really. How does someone find a job that they can work part time when they feel okay and make enough money to pay their bills. I have yet to see that one advertised! I know I need to file the notice of disagreement but am wondering if I should also hire an attorney. I am not sure where to go from here........what are my choices? and how long do they take (I know that it varies). Thanks in advance for any advice!

Link to comment
Share on other sites

Sorry for your frustration, yoopergirl.

Many of us received our ratings in "chunks" over time.

Keep fighting and hopefully others will have more advice smile.png

Thanks Notorius Kelly, I appreciate the encouragement, I am pretty down about it today but know I have to fight on!wink.png
Link to comment
Share on other sites


Sorry to hear about this decision however do not give up even with a good economy I worked a high paying career field sick many years and now and am up this time of night with conditions worse as a result the private sector expects their employees to be able to handle the position they fill. Migraines and the conditions you state do not fulfill that and bipolar and mental problems I know you can get SSDI I remember reading about that while applying for my SSDI three and a half years ago. If you do not have SSDI better apply for it and once you get it submit the award as additional evidence on your claim (I wrote this not knowing if you already have this) Hope this helps

I will be praying for your family

Thanks For your service

Edited by ComputerGeek46 (see edit history)
Link to comment
Share on other sites

  • Moderator

Many, if not most of us have been through similar denials. The VA does not want to make it easy..they want it to take 10 years to get your claim approved , small chunks at a time, and even then, they give you retro for a year so you have to appeal the effective date. Its the "VA way". As Berta pointed out if you dont have depression when you start, the VA will make sure you do when you get done because they want to frustrate you to insanity so you will be incompetent to file future claims.

Dont let them win. You have to hang in there, as Captain Contaminate says. Never give up. The VA is trying to get you to give up and abandon your claim.

Link to comment
Share on other sites

You need a Doctor's statement or IMO stating you cannot work and the reasons why. They seem to always overrule any C&P examiner. I did a lot of researchon the BVA and the BVA basically says the samething. C&P examiners are no more than PA and Nurse Practitioners...

I will say in my research that IMOs are the way to go. Go to a specialist that knows about your issues and see if he/she will write you an IMO.

Link to comment
Share on other sites

I concur with rpowell01 anytime you have a doctor write a letter or an IMO it almost always should weigh more that a CPO aka Physicians Assistant would try to ask your doctor if he can write a brief letter detailing diagnosis etc.

Link to comment
Share on other sites

You need to file a NOD and the first thing on it should be that a part time job is not gainful employment and the regulation is that IU is based on if a veteran can have that not a part time job that the examiner said. also that it is not if you are unemployable, it being gainfully employed as to what the regulation is. the rater failed to folloed the regs.

Link to comment
Share on other sites

when you file a NOD, be sure to ask for a DRO for review. I agree with many of the comments that you should obtain an IMO from your doc stating that you are not able to perform any types of work due to your service-connected disability. Good luck!

Link to comment
Share on other sites

  • Moderator

Powell and computer geek are correct.

Apparently, you have what we call a "negative C and P" opinion. That is, the doc said you were EMPLOYABLE. There is a difference between Unemployed and unemployable.

Anyone can be unemployed. Your company downsizes and poof..you are unemployed. Can you find another job? Maybe. For the VA, YOUR DOC decides if you are just "unemployed" or if you can't get a job because of an illness or medical condition. If you have an illness or medical condition WHICH, the DOCTOR says prevents you from getting a job, that makes you unemployable.

Bottom line: If you want TDIU, you have to have the medical evidence which warrants it. Since you have a negative medical opinion, you can only refute that opinion with ANOTHER medical opinion. This usually means and IMO or IME. To have a good chance at winning an appeal, you will need another medical opinion to the effect that your illness or injury, which is service connected, prevents you from maintaining substantial gainfull employment.

If you obtain a favorable medical opinion, then you will likely prevail upon appeal, however, it is fruitless to try to use "lay statements" to refute a medical opinion. In other words, if my doc says I am employable, then 400 buddy letters from my non doc friends wont refute my docs statement as the "lay person" is not qualified to make such an opinion.

Link to comment
Share on other sites

  • HadIt.com Elder

The VA realizes that once they approve you for TDIU that you will never work again. Do you have SSD? I had SSD for SC condition and 70% from VA and they still turned me down the first time for TDIU. I got me the required IME/IMO and got my TDIU. Then I had to get another IMO to get P&T. They just fight all the way sometimes.

Link to comment
Share on other sites

I expect the same thing on mine. The NP I had put in two places I could work a sedentary position, then put I could not work either due to upper extremities PN. I think I will follow under the shadow of a doubt rule, but I do not know at this point. I have had some of my SC conditions for over 25 years, and every time I try for an increase on something the VA knows they can not touch the 25 yr SCs, so they just denie the newer increase requests. You need to get an IMO, and a strong one. Maybe one that says the other examiner was mistaken. And you have SSDI as well. I am using that as a back up on Monday. But I may get hammered by the 5 yr thing that Cpt Contaminate brought up. My last full time job was 2008. I have had two part time jobs only in 2010 and 2011, and did not make a lot of money. So, I will call SSA on Monday and get the scoop or lied to. You need to focus, find a solution, get help and assistance (and I do not mean a VSO), get a lawyer. FIGHT FIGHT and FIGHT some more. A little secret here and I may be shooting myself in the top of the foot. I was in LE for many years. I retired from it, and started working as a VSR at the Indpls RO. I lasted only 8 months, and returned to a small PD and worked for 5 yrs. The PN and DMII got pretty intense and I walked away. During that 8 months I saw some pretty cruel things, and heartless acts in order they PROTECT the COFFERS. You have an uphill climb, but it can be done. Best of luck to ya. Indyman. P.S. I hope nobody holds those horrible 8 months against me. You would not believe what I saw and heard.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...

Important Information

{terms] and Guidelines