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!

[broncovet]

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.

[rpowell01]

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.

[ComputerGeek46]

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.

[Gulfvet45]

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.

[meghp0405]

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!

[broncovet]

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.