Chances Of I U ( Here's My Results) Good Or Bad

[Jesuslives316]

I'm 40 percent for my back 30 percent for my neck 20 percent for my right upper extremity and 10 percent for my left leg. I filed for IU a year and a half ago. I had a letter from my previous employer stating how severe my back problems were and how he seen me on the ground several times unable to move in pain. He also stated that I was unable to work for him because of my back problems, and I missed to much work because I was bed ridden because of my back condition. My chiropractor also submitted a letter stating that my back problems are so severe that I cant obtain gainful employment. So those are the big pieces of evidence in my favor. However I went to the c_n p exam, and the examiner stated that my back and neck do effect my work however I should be able to have gainful enployment. So my question is do you think they will find in my favor for iu, or the c_m_p examiners favor for denial. If I'm denied should I file a n o d thank you.

[john999]

If you have a good medical report I think winning for a emotional disorder at SSA is easier than a physical injury. They can't X-Ray your mind. Many aspects of mental disorders is subjective. The VA and SSA know exactly how to rate physical injuries. They probably turn down 200,000 back injuries a year because they parse it down to ROM, bedrest periods and extension etc. I have bad shoulder, bad feet and low back and neck issues. I would never have won just on that stuff. I won for depression (bipolar).

[Navy04]

Jesus,

I was awarded SSDI in 10 weeks and one of the Main Issues is my back. I have a large hole in my Vertebrae due to injury, Degenerative Disc Disease and Crushed L-3 Endplate. I just found out that due to the massive hole, back surgery can not be performed as I could possibly become Paralyzed. My back is well documented along with other issues, and atleast in Texas it is very hard to get approved period, let alone for Mental Conditions. I know a few Veterans with Severe Mental Conditions and they where told to get physical jobs. Physical conditions are easier to get approved for VA or SSDI as long as the Evidence, MRIs and Documentation is in front of the Boards. They can not argue with Physical Evidence, but they will always question Mental Conditions as those are based on Opinion. Good luck and wish you the best.

[westcoastlv]

Jesuslives316,

when my husband received a c&p exam that had contradictory information, I submitted a letter to the VA picking the exam apart. I wrote that either the examiner was incompetent or was purposely misleading the veteran and/or the va. If I were you, I would look at the letters from my other doctors and highlight the important points that disagree with the c&p examiners comments. The examiner only saw you for a short time, whereas your doctors see you regularly and have evaluated you over a long period of time. I would point out all the evidence that was in my favor then mention the one thing that was not (the c&p) and then state that the VA training manual, Reasonable Doubt Clause of Title 38 states, "When after consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in the favor of the claimant." I would also list all of the medications I take and their side effects (you can get that info from the internet). I would highlight any one that says dizziness, drowsiness, apathetic, etc. Any condition that would prevent you from working. Even list if the medicine states not to take while driving. You cannot give the VA any reason to deny.

[free_spirit_etc]

"I believe a good portion of SSDI claims are won in front of the judge. I went thru the process and understood it could take me till then to win my ssdi, and that is what it took. The appeal on second round was for show I believe, they think people will give up on that round.. I didn't. :/ Its sad the government VA and SSDI believe that denial is the way to go to thin out the claims process, even though you have medical documentation from the start from legitimate doctors. I hope you the best as well in your process."

I agree. Most SSDI cases are granted on the upper levels of appeal. Some of that could be because of the "thinning out process." And some of it is because of the different standards at the different levels of appeal. The lower level employees can just go by POMS. To get approved at the lower level you disabilities pretty much have to fit into the neat little boxes they have to put them in. The judges, on the other hand, apply the law. So they can blur the lines of the neat little boxes to make them fit reality a bit more. This can especially helpful when no one disability, in and of itself, it totally disabled -- but a combination of several different disabilities are.

Edited May 28, 2014 by free_spirit_etc