devildog2061 Posted November 15, 2012 Share Posted November 15, 2012 I just received a SOC from my 2 DRO Review appeals. 1. Increase of PTSD, currently rated 50% 2. File for IU I'm currently rated at 80%... 60skin, now 50 PTSD, 10 ankle, 10 tinnitus I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2. The reason for the denial of IU states that I have not been found unabled to secure or follow a substantially gainful occupation as a result of service connected disabilities. My question is can I submitt additional evidence prior to going to the BVA. I have an outside Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years... Would this help ? Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted November 16, 2012 HadIt.com Elder Share Posted November 16, 2012 Yes, you can submit new evidence and you can ask for another personal hearing before you get in line at the BVA. You want an IMO that states definitely that you cannot work due to PTSD and any co-morbid conditions. It will probably take a year to get your claim certified to the BVA. You could win it in that time at the VARO if you have the right evidence. I was 70% for mental condition and denied TDIU. I got IMO's and won TDIU at the VARO. I kept asking for personal hearings and/or reconsiderations based on new evidence. John Link to comment Share on other sites More sharing options...
0 deanbrt Posted November 17, 2012 Share Posted November 17, 2012 Do you have a recent record of work history on your tax returns? (1099s) Link to comment Share on other sites More sharing options...
0 devildog2061 Posted November 17, 2012 Author Share Posted November 17, 2012 I haven't worked since 2006. I am currently receiving SSD benefits for a combination of PTSD(service connected) and back(non service connected).... The VA is using my back condition against me, saying this Is the primary reason why I'm Receiving SSD, when the award clearly states them both. Link to comment Share on other sites More sharing options...
0 deanbrt Posted November 17, 2012 Share Posted November 17, 2012 I agree with John, then. You need an IMO that ties your inability to work to your service conditions. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted November 17, 2012 HadIt.com Elder Share Posted November 17, 2012 DDog The VA did the same sort of thing to me even though I had 70% and was on SSD. You do need the IMO to separate your SC conditions from NSC conditions and to say your SC conditions are the entire reason you can't work. Your IMO needs to dissect the SOC and rebutt everything the VA says about your being IU due to NSC reasons. We are all in the ballpark but the VA is good at dirty business. Link to comment Share on other sites More sharing options...
0 devildog2061 Posted November 17, 2012 Author Share Posted November 17, 2012 Thanks John999 and Deanbrt for your replies, My outside Psycologist will write an IMO for me but also, because I did receive a denial, I thought about applying for Voc Rehab. Does anyone know how this would affect my claim for IU ?, or if they would even approve me Having a 50% PTSD rating, and back condition. I would love to go back to school, but don't think I could handle it because of concentration, memory, And mood swings.... Link to comment Share on other sites More sharing options...
Question
devildog2061
I just received a SOC from my 2 DRO Review appeals.
1. Increase of PTSD, currently rated 50%
2. File for IU
I'm currently rated at 80%...
60skin, now 50 PTSD, 10 ankle, 10 tinnitus
I was increased to 50% PTSD on appeal 1, but denied IU....on appeal 2.
The reason for the denial of IU states that I have not been found unabled to secure or follow a
substantially gainful occupation as a result of service connected disabilities.
My question is can I submitt additional evidence prior to going to the BVA. I have an outside
Psychologist willing to write an IMO for me. I would hate to have to wait 4+ years...
Would this help ?
Link to comment
Share on other sites
Top Posters For This Question
6
5
4
3
Popular Days
Nov 17
7
Mar 11
4
Mar 10
3
Jan 22
2
Top Posters For This Question
devildog2061 6 posts
deanbrt 5 posts
john999 4 posts
Berta 3 posts
Popular Days
Nov 17 2012
7 posts
Mar 11 2013
4 posts
Mar 10 2013
3 posts
Jan 22 2013
2 posts
24 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now