Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

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

Rate this question


yoopergirl

Question

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

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

Yoopergirl

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
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use