ptsd Denied 3Rd Iu Claim Due To Typo

[flynncline]

I have a strange issue with the third IU claim that I had put in for and was denied. I have searched for examples of what I am going through and haven't found any which makes this more frustrating. I was denied my third IU claim last June and I was at my whit’s end because all the evidence was there, but they did give me a 10% increase from 80 to 90. I figured that I it just wasn't meant to be and then tried Voc Rehab because I can't do what the Army trained me to do because of my injuries. Voc Rehab put me through tests and then three months ago told me that due to my disabilities that they thought IU was a better choice. I explained that I had tried three times already and the Voc Rehab counselor looked at the latest denial and was shocked to see that I had been deemed employable and unemployable in two sentences. This is word for word what it says:

"Mr. Cline is not unemployable due to his service connected disability of PTSD. His PTSD, by itself, does render him unable to secure substantially gainful employment."

She said that all these documents are copy and pasted and then corrected as needed and whoever prepared this must have messed up by not taking out the word "not". She then told me to send my paper work to a service officer in Tucson,AZ (we live in Sierra Vista which makes appointments hard to get to in Tucson as well as other help) to be looked over. I just called him yesterday after not hearing anything for two months and he told me that the bored won't fix this until I get new letters from my VA Doctor and a Psychologist. Problem is, it takes almost two months to be seen at the clinic down here by my Doctor and I have no psychologist here. They want me to do this if the evidence is over a year old. I called my AW2 rep for advice because I didn't know what else to do and he gave me a couple of numbers to lawyers that give free consults. I know this is long, but I am at my whit’s end. I can't move forward and I feel stuck. Should I seek legal help with this? Anyone else have a problem like this?

[Tbird]

There are several attorney's who practice VA Law and will discuss your case for free. The only one I have any personal experience with is Bergmann and Moore and they were a huge help to me. Some folks don't like them, but they will discuss your case for free and you can go from there.

[Berta]

"he told me that the bored won't fix this until I get new letters from my VA Doctor and a Psychologist.'

One question:

Do you mean te BVA (Board of Appeals) or did the rep ( AW2 is that a vet rep?)

mean the VARO's rating 'board' ...a term reps havent used in years......

I suggest you consider asking the VA to CUE itself on this decision.

I have posted stuff here under a search as to how to do that and it sure has worked for me,to get some ridiculous decisions corrected prior to getting into the formal appeal process.

This is prime facie evidence of TDIU:

"Voc Rehab put me through tests and then three months ago told me that due to my disabilities that they thought IU was a better choice."

as long as the disabilities are all the SC ones.

Did the VA have the Voc Rehab records? They aren't usually in the regular C files or med recs.

Sounds like my RO, Buffalo. .....I had experience with this type of crap many times.

Ask them to CUE themselves because they committed a legal error in that statement in violation of 38 CFR 4.6 plus the fact they don't know how to read or 'copy and paste' properly, to your detriment as the claimant.

[Berta]

Ooops I read this too fast...TBird gave you excellent advise........

I suggest if you get a lawyer ,that the lawyer should consider asking the VA to CUE itself.

Here is one of my posts on that maneuver.

I got support ,as an advocate, not as a client , from a NVLSP attorney on my Dec CUE against VA....it only took them (VA) 3 weeks to reverse a ridiculous denial.

I await another CUE yourself-VA request result I have made on an award letter.

It has become my first avenue of attack, for any future illegal VA BS, prior to any formal filing of an NOD.

[broncovet]

Most of us who have been awarded benefits experience multiple "glitches" on the way, such as yours. You have to persist through it. If it was denied at the RO level, try a DRo REVIEW, HIGHLIGHTING YOUR EVIDENCE.

If it was denied as a DRO, then file a nod and send it to the BVA.

Or, as Berta has pointed out, try asking the VA to cue themselves as it has saved time for her. Main thing is dont give up.

[Berta]

This link has the template for my recent CUE request and might be more helpful than above link......there is more here too under our search feature on this tactic.

No reg.for how to do this .......I made it up.

When in battle one must get creative.

[flynncline]

Just an update. Called a lawyer to see what could be done and she told me that I would have to start over with new documentation. This will be the fourth time I will attempt to get this. My AW2 rep says not to hold my breath because they hardly ever approve on a fourth time. I don't know what to do. I can't do the work I was trained to do, track mechanic, and I can't do other work because being around people agrivates my PTSD and with my back I can't sit down or stand up too long. I just feel worthless and no one is listening. Thanks for the replies.