Ineligible For Voc Rehab Due To Sc Disability

[Angela]

Berta wrote in an earlier post...

Also if a vet has been found not eligible for Voc Rehab due to their SC disabilties , this is evidence that

their SC disabilities have made them unemployable.

My VA VocRehab counselor told me that I couldn't get Voc Rehab without a letter from my schrink saying I would be able handle school. Couldn't get my doctor to do it, so I never went back. Then, I got my initial rating - 10 for Major Depression based on VA exam (less than 5 min exam). Didn't appeal, so that decision is now final.

Based on what I've read about the transfer of military records to VA in M21-1MR, I don't think military mental health records are transferred to the VA unless specifically requested from the specific mental health facility. So, I don't think VA even had my mental health records, since I don't remember doing a specific request like that. Have a request in for copy of C-file now.

Any advise? Decisions you can point me to? etc?

[10thFO]

Angela, here's a couple quick hitters. You can call your Regional Office and ask for an appointment to view your C-File, then while there make a copy.

As for the Voc Rehab counselor. you will have to go into more details but here is wht i think so far: 1) Why does the VR need to have a note saying you can handle school? Doesn't make sense by regs, especially if you weren't even rated yet. What are your other ratings? any? 2)You can show your Dr. a memorandum telling them that it is their duty to fill out a fucntional ability from from the Voc. Rehab. it was signed in in 2000 I believe, I have to find it underneath all the piles for another vet so not easy to get right now. Go back to VR and ask for the form, or have you been dropped from VR now?

File for an increase right now for your claim. If your evidence isn't in your C-FIle then you can file a CUE claim that they didn't consider all service records. Or even in your claim for increase state that your are asking for the highest possible award back to the earliest effective date, because the VA didn't fulfill their obligation to consider all SMR and evidence. Just a start, but you need to get a copy of your c-file, and see if your SMR's are in there.

[Berta]

Yes---this seems odd-

A veteran has to have at least a 10% SC rating first before the VA will consider them for Voc Rehab.

It looks like you got the 10% after the Voc Rehab decision was made?

Therefore-without other SC ratings, (if you do have them -I forget) I dont know how you even got a Voc Rehab appointment.

At least 10% SC is required for Voc Rehab consideration.

10th FO is sure right on looking at the c file-

And for Voc Rehab- I agree with 10thFO there too-

VA doctor's dont really determine who can handle Voc Rehab-as far as I know-

My husband was in Voc Rehab for 2 years and then had a major stroke- but he still felt that maybe he could handle Voc Rehab but he could not type or drive or see well.

Voc Rehab didnt need a doctor's letter as it was obvious he just couldnt do it anymore.

When he got onto Voc Rehab he didnt need a medical statement that he could handle it or not.

Voc Rehab makes these decisions. as far as I know- and grade reports determine how well a veteran is doing in school.

It doesn't make sense- if you had no SC rating at the time you went to Voc Rehab there is no way a doctor could write a statement whether or not any SC prevented you from taking Voc Rehab because there would be no evidence at that time that you did have any SC rating.

The functional ability thing seems new to me. It is probably a very good idea.

[Angela]

10thFO and Berta,

Thanks so much for your help!

I was still active duty at the time but had forwarded my claim and medical records to the VA through a DAV program for retiring service members. I asked the counselor why I was already eligible for VocRehab during my first appointment. She said they had already determined that I would be eligible (rated high enough for eligibility) and probably been rated at 100 % (for a different SC disability - not my depression) since I was referred to VocRehab before actual retirement.

Then she had me register for college (limited me to private college only due to the nature of my SC disability she said was probably 100 %). Then, after I'd spent my money registering, having records sent to colleges, etc... based on depression questionaires that they'd had me take at her office, she wanted my treating physician to write the letter (saying I could handle school). She never mentioned a VA examiner, wanted it from my treating physician. My doctor wouldn't write it, so I never went back to VocRehab. Just gave up. Now I know I was stupid. At the time I was just numb, overwhelmed, and walking around in a daze.

About 2 weeks after my retirement date (Jan 03) I got the award letter - 80 % combined, 10 % Major Depression. Still in a funk, I didn't appeal or even discuss it with my SO. Should have, some of the decisions are so ludicrous! Reasons for decisions don't even talk about the right body parts when discussing disabilities, so I still don't know what the "evidence must say" in order to get ANY percentage.

EXAMPLE : 10 % GERD decision's "Reasons for Decisions" discusses hemorrhoids.

Don't know what the VocRehab rules are or even where to look for them. 10thFO - If you find the Functional Ability letter/rule, I'd be very interested! If anyone knows what/where the rules & regs are for VocRehab counseling, I'd love to read those too!

[betrayed]

If you find the Functional Ability letter/rule, I'd be very interested!

ME TOO

see attachment and link for voc rehab info

Title 38: Pensions, Bonuses, and Veterans' Relief Voc rehab

VVAGuidetoVeteransRehabilitationFINAL.pdf

[john999]

10th FO

If Voc Rehab says you cannot be rehabed then that woud help with P&T but it is not necessary. I would stay away from those people if I were you. Get a private rehab specialist to write a report for you saying you are permanently and totally disabled from all work due to SC disabilities. You do not know what the VA VR guys is going to say and it could hurt you. Like Pete53 says, "never mention the word work to anyone at the VA once you get IU or 100". I hope I am not misquoting Pete. I could tell how voc rehab messed me over when I asked for ILS program. It got my shrink so mad he told me to say away from them.