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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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qwiksting

C&p Results

Question

I have posted a few topics here about my situation. Maybe it can help other Vets by reading what is going on with me. I had a C&P for IU due to ptsd on 21 Feb. It was submitted to the RO on 10 Mar. My claim on E benefits was at Gathering evidence until today. It went to Prep for decision. I am not too sure what that means, maybe the rater is looking at it?? I just find it odd that it was signed by the examiner on 10 March and today it is at prep for decision a day later. I did get a copy of the report and would post it, I don't know if that is proper or not. I read the report and it appears that I will be denied IU. It also appears that based on the CFR, I will be reduced from 70% to 30% rating.

I filed IU at the same time I filed Social Security and State medical disability. I was granted both due to PTSD/anxiety and medications. I was lucky enough to have a MH provider and PCP that filled out the paperwork stating I was unemployable due to severe ptsd. In fact, my MH provider went so far as to wrote a paragraph in my progress notes that I am unemployable due to ptsd. So the moral of this is, I do not believe that the RO looks at anything except a C&P exam. He more than likely will say he reviewed all available evidence, SS,progress notes, evidence the veteran submitted. But the bottom line is it all falls to the examiner. The examiner was very nice and helpful, while in the exam. I believe he overstated alcohol use. I felt the way he wrote his report, that he said I was not being honest with my MH Dr. by not reporting drinking. I submitted a statement on E benefits to support my claim, although it may not make a difference now that it is prep for decision. Attached is what I submitted. I had one day between the C&P being submitted to RO and today, so I tried to get my side of what I said to the RO. Maybe I should not have done this, but I feel a denial so… I guess I don't know how to upload a file, it say cannot upload that type of file.

Re buttal clean.doc

Edited by qwiksting

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I hope it is not bad news, but you never know bud. Dang your case is moving so fast, that is what is scary about the whole deal. Just keep us posted

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Yea, fast like the last denial I got. I ended up wining at BVA, but that took 4 years and ended with a 0%. That is in appeal now. The examiner basically said alcohol was making my problems worse, and that I could drive to my c&p appt and get food when necessary so I should be able to find work, even though I am on Social Security Disability now.

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The final decision. rest with the adjudicator not the examiner........Look like the examiner did not see evidence fromm PCP,SSA,and state disability stating unemployable.... As far as being lowered from 70% to 30% I can't see that LEGALLY happening also with evidence from above. Even if lowered there is STILL evidence in the file of unemployability. In this case it should be referred to c&p director for review before final decision at varo.This is too much work for the varo. Tdiu I belive will be awarded if done proper by using BOD theory, but at what level of adjudication is anyone's quests. If varo does not award I would not ask for dro review( WASTE OF TIME) in my opinion. Go to bva asap via form 9... JMHO. My bet is you are awarded at varo....

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Thank you ketchup, your words are encouraging. I am feeling really down about this. I am already stressing over other problems and now the examiners words just keep running through my mind. In my world, the Hard things get approved, and the obvious things get denied. I was awarded 70%ptsd back in 05, but denied stomach ulcers with esophageal reflux, even with hard evidence it existed. I could not win that without Hoppy. It ended up at BVA and was there about 3 1/2 years. I was eventually awarded 0% by the RO when it was handed back to the from BVA. i am in appeal still on that. I applied for SS Disability and was granted that in 4 months, 1st time. State medical retirement took 6 moths, but approved. Now this…IU, going on 7 months, which is not long compared to others (not complaining), but the exam looks really bad.

This is what my MH Dr. wrote on 14 Feb, a week before my IU exam.

Dr.MooreClean.doc

Edited by qwiksting

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