ptsd Statement Of Case

[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 ?

[carlie]

Hopefully someone at VA picks up on the N&M evidence and takes action

on your issue of IU.

If you have to wait for a video hearing to be scheduled then you might

need to find a good hobby that will take up at least a year of your waiting time.

[Berta]

"I now have a statement from Voc-Rehab disapproving me and saying I'm unemployable because of
my service connected disability PTSD, opinion taken From my SSA award- and
Have an IMO stating the same. Now I'm waiting on the video conference. My questions are -"

That statement from Voc Rehab is Golden.

In my opinion both you and your lawyer should FAX and snail mail this documentation, briefly explained in a cover letter with the document from Voc Rehab , sent Attention to and then put on a cover letter the initials and numerical code at the upper right hand corner near the date, from the last VA decision you got.

It looks to me, from what you posted here that maybe the lawyer didnt send that info in or maybe VA lost it.

If you use FAX Zero there is no charge to send faxes like this.

Personally I would send it to the BVA as well. You could email it to the BVA ombudsmah at the BVA and better yet call the BVA.

If the VA had this info and didnt consider it prior to BVA transfer maybe your lawyer could raise a CUE issue with them.

When Voc Rehab documents that a vet is unemployable solely due to their established SC disabilities ,the veteran is unemployable solely due to SC (TDIU).

If you tell me what VARO I will try to see if I have a Fax number for them.

They dont let widows use ebenefits so I dont know how that works, Are you allowed to attach evidence somewhere in your ebenefits account?

"I applied for Voc-Rehab and was found unemployable due to my service-connected disabilities.
I also had my Psycologist to complete an IMO which states the same.
I don't know if my attorney has submitted this info as of yet, but I was checking my appeal on ebenefits" That IMO and the Voc Rehab stuff is what will gain you what you want.

If I had your lawyer I would be calling them right away and asking for documented proof that they sent this stuff in to the VA.

Something is wrong here.

[Berta]

Forgot to ask

is your SSDI award solely for the SC conditions you have and if so, do you have proof that the VA knows that too and considered your SSDI records?

[Berta]

sorry you did answer that question....the SSDI award wont help you.

"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. "

The IMO and the Voc Rehab stuff definitely should.

You could even file an IRIS complaint, if the VA had this info 9via proof of mailing from your lawyer or yourself) and didn't consider it.

The VAROs want to whip off our claims to the BVA as fast as they can ,in some cases, because that gets the claim off their stacks on their desk.

Years down the road the BVA would probably remand this claim back for a "re do" ( what remand really means ),of what they should have done in the first place.and the lazy assed rater who ignored your evidence deliberately (if that is the case)

will probably get a raise or promotion by time the claim is remanded.

There is absolutely NO accountability to VA raters and adjudicators who pass the buck to the BVA, who in turn has to remand back again .

I was in touch with the BVA from the minute I got the BVA transfer letter in 2008-2009 I forget.

I asked for a remand myself and got one.

The RO STILL got it wrong and returned my C file to the BVA. I rebutted their last SOC and their lousy C & P .And then I won at the BVA.

The BVA was the sole VA entity in almost 7 years to read my medical evidence.The RIO had ignored 3 IMOs I had.

This was my 2003 AO DMII death claim. I would have handled it differently these days.

Your lawyer should now how to ask them to CUE themselves if that is a remedy here.

Worked for me ;last year in mere weeks.for my AO IHD Death claim.

If your lawyer doesn't know how to do that, I posted all that here at hadit and I even posted the template for my last request that they CUE themselves.

There is no reg for this. I made it up but I have used it successfully so maybe your lawyer should consider this tactic.

You need to get that Voc Rehab and IMOevidence before someone at VA who can read, and sooner than later.

[deanbrt]

"My outside Psycologist will write an IMO for me but also,"

You need a psychiatrist to write it or it won't carry enough weight....

[devildog2061]

Has anyone had a Video Conference with Montgomery R O recently ? I've been waiting a year now, and would just like to get an estimate on the wait time, Thanks...