tdiu Iu Denied, What Is My Next Step? C&p And Reason.

[jesusplay]

This is an evaluation of individual unemployability related to the veteran's
service-connected mental disorder. The veteran's VBMS/electronic medical
records were reviewed. The veteran was not individually re-examined as his last

C&P examination occurred within the last year.

The veteran is currently 70% service connected for Bipolar Disorder. The report

of the original C&P examination conducted by Dr.X in November,
2013
indicates that the veteran met full criteria for a diagnosis of Bipolar I
Disorder per DSM-IV diagnostic criteria at that time. That same report noted
the following: "Veteran is currently unemployed, and he is not attending any
school/university at this time. Veteran reported being terminated from his
position at a printer repair company 2months ago, due to not showing up for
work; veteran was only employed with the company for 2weeks. Veteran denied
having other work history since his discharge from the Airforce. Veteran
reported he has enrolled in school, most recently X, and should have started

classes this month, however, he has had no motivation to go to class, and
veteran is unsure of his student status at this time."

Based on review of the available evidence, it is at least as likely as not that
the veteran's service-connected mental disorder could cause occupational
impairment during times of severe depression, due to lack of motivation. This
lack of motivation to attend work would likely be independent of work type
(e.g., equally possible to be amotivational for physical or sedentary
employment). The veteran has also previously been hospitalized for SI; given
his history of suicidality it is reasonable to anticipate that this may cause
occupational problems for him in the future. There is little evidence
demonstrating occupational or educational impairment in the past due to manic
features and it is therefore unclear whether these would be likely to cause
ocucpational impairment in the future, though within the realm of possibility.

It must be noted that the potentially salubrious features (e.g., a regular
routine) and effects (e.g., improved self-esteem) of employment may also serve
as a protective factor for individuals coping with Bipolar I Disorder or other
mental disorders, and it is within the realm of possibility that employment
could contribute to globally improved functioning.

---------------------------------

Entitlement to individual umemployability,

Entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. The veteran is considered capable if gainful employment. {38 CFR 4.16}

The VA exminer opined that it is within the realm of possibility that employment could contribute to globally improved functioning. The examiner also noted that there us little evidence demonstrating occupational or educational imprairment.

------------------------------

I've been unemployed as of a year today, last year I attempted to go to school twice. I'm lost.

[carlie]

IMO - submitting a positive written analysis of your condition and it's effect's on

occupational and social functioning from a certified vocational expert,

would throw the evidence of record into relative equipoise, thus application of

the Benefit of Doubt.

I see this as the most efficient and effective way to overcome the denial.

Of course the vocational expert would need to go over your medical records

and refer to them in support of their complete rationale.

jmho

[jesusplay]

IMO - submitting a positive written analysis of your condition and it's effect's on

occupational and social functioning from a certified vocational expert,

would throw the evidence of record into relative equipoise, thus application of

the Benefit of Doubt.

I see this as the most efficient and effective way to overcome the denial.

Of course the vocational expert would need to go over your medical records

and refer to them in support of their complete rationale.

jmho

so I need to apply for vocational rehab?