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Individual Unemployability

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eversteve

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Hello,

I am 60% service-connected with my largest percentage being in the mental health area. I applied for IU and had a few questions about the process and my chances of approval. I was recently approved for Social Security Disability retroacted from my onset date of April 2011. There findings were solely based of my VA medical records. I was also recently deemed unfit to continue with vocational rehabilitation, because of the problems with my illnesses and learning disabilities. My vocational rehabilitation counselor has written a letter of insolvency that was sent to the VA.

Given the fact I was approved for SSD based off my VA records and can't complete vocational rehabilitation, are my chances pretty favorable for IU? Also, does anybody know what the C & P's are like with an IU claim. I would greatly appreciate any advice, help and guidance anyone can provide me. Thank you!

Steve

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Your vocational rehab statement IMHO is what will do the best for you. I fought for four years on same thing and once VOC rehab said I could not use their services it took four months for decision.

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"Given the fact I was approved for SSD based off my VA records and can't complete vocational rehabilitation, are my chances pretty favorable for IU?"

Yes, if the SSA award was solely for the SC conditions you have now and if VA is aware of, and obtains the SSA findings.

"I was also recently deemed unfit to continue with vocational rehabilitation, because of the problems with my illnesses and learning disabilities. My vocational rehabilitation counselor has written a letter of insolvency that was sent to the VA." If the letter reveals your SCs hindered your ability to complete oc Rehab, yes that is very good evidence of TDIU as well.

Also VA needs to consider the side affects of any SC meds you take, that could hinder gaining substantial employment.

The TDIU C & P worksheet is here available under a hadit search.

Edited by Berta
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You did not post the one opinion which matters most: Your docs. Did he/she say, to the effect, you are unable to maintain substantial gainful employment due to SC conditions?? If he did so state, your chances are good. If not, you are likely going to need an IMO/IME to get IU.

This being said, I agree with Berta that SSD's interpretation of your medical records, that is, them awarding SSD for SC conditions, is important, maybe even probative.

Edited by broncovet
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it will have a lot to do with how bad is your PTSD and is that the only thing SSA looked at to grant SSD, if your PTSD rating is 30% and you have numerous 10% and 20% issues which combine to your 60% you will have a hard time regardless to get TDIU the raters will not stretch the awards that far. Seldom does the SSA grant SSD on a 50% or less PTSD award, there are normally numerous other medical issues and many of them are not SC and the VA will NOT compensate you for those, you have not provided anough information for anyone to give you a rational discussion on merits of YOUR TDIU claim being granted or denied.

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You did not post the one opinion which matters most: Your docs. Did he/she say, to the effect, you are unable to maintain substantial gainful employment due to SC conditions?? If he did so state, your chances are good. If not, you are likely going to need an IMO/IME to get IU.

This being said, I agree with Berta that SSD's interpretation of your medical records, that is, them awarding SSD for SC conditions, is important, maybe even probative.

Thank you for the replies! Yes, I have had a VA neuropsychologist state in my medical records many times that it's not feasible for me to work and/or attend school because of my service-connected illness/difficulties and side effects from my medications.

"It will have a lot to do with how bad is your PTSD" I am at 50% for my mental health (PTSD, Bi Polar, anxiety and adjustment disorder); 20& for back and 10% for knee.

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What conditions were considered for SSD besides the Service Connected conditions you stated here. Although your previous medical records may state you are unable to work the VA wants a current evaluation of your ability or inability to work. 50% does not preclude you from working according to the evaluation builder, the VA uses for Mental conditions.

When the VA examiner is asked by the rater to address your ability to perform gainfull employemnt and how your condition affects your functional ability to work, one of the sneaky things VA does is; they ask the same question on each DBQ. So if they ask the same question on a knee, and then on a back, and then on the PTSD/Mental exams DBQs, the examiner is looking at your disabities SEPARATELY and the examiner is addressing each disability and your ability to work as a STAND alone disability. They do not look at your OVERALL combined disability unless it is a disability that is sytemically one diability with known secondary conditions , such and DM II with PN, HTN, KIDNEY, LOSS OF USE. then they look at the whole diability picture and not separate body functions.

If your PTSD was rated and 70%- i think you would get IU- but at 50% it will be a close call and alot will depend on the SSA records for SSD and your private doctors records of your ability or inability to work CURRENT status. -jmho

Edited by harleyman
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