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

[yoopergirl]

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!

[john999]

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.

[indyman]

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.