Denied Vocrehab

[Ordie17]

In 2012 I applied for VocRehab but was denied because I have so much debt that I still need to work full time and the counselor said I could not do both, would I be able to reapply when my debt is paid down more?

[paulcolrain]

i have been using voc rehab for over 2 years. im very surprised that a debt issue barred you from recieving unless you stated that it should. i would re-apply or send a letter describing that you understand better facts now about your life situation. you can work part time while going to school and voc-rehab is there to supplement full time income while you are going. furthermore, if you have like a back disorder and your current job though you need the money is a physical demanding job on your back and you are service connected for this back then hell yeah do not stand for the denial just because you are working.... say this " your current work enviroment is currently making your service connected issue worse and you need better employment oppurtunities" if the councilor denys you TAKE THEM TO COURT !!!!!!!!!

Edited March 17, 2015 by paulcolrain

[broncovet]

This is the most bizarre denial I have ever heard. The VA is supposed to rate "on the criteria", not depending upon the color of shirts we wear or other "non criteria".

Years ago, I was denied SC for hearing loss based upon the "time since service was too long". That, too, is not a criteria for SC for hearing loss. Its totally bogus and made up, which your denial appears to be. (I dont have the criteria here for Voc Rehab, but, I can assure you, if "debt" or "debt to income ratio" was a criteria, I would not likely have "made" the Voc Rehab program).

Dont put it past the VA to "make up" reasons for denials. The regulations say they have criteria on which to rate you, and that is it. If you "meet" the criteria, they have to give it to you. When you look at BVA decisions, they often use the phrase, "the criteria for SC for xx condition has (or has not) been met". They can not rate you on sex, color of skin, whether you like the Denver Broncos or not, or whether or not you are a hadit member, or, how much is your debt, or anything else that is not part of the criteria.

YOu should be able to win this on appeal, but, frankly, Im livid they denied you for non criteria (unless its in the fine print somewhere, probably not).

A well reasoned denial should explain why/how you failed to meet the required criteria, and, BVA denials have to have a "reasons and bases" for decision. Shinseki tried to quash that, and it failed. Do we not deserve to know why/how we failed to meet the criteria? Of course we do.

If when you appeal, be sure to attack the reasons and bases for denial. Its gonna be tough, if you refute their reasons and bases, for them to come up with "new" reasons to deny you next time. You see, VA has the presumption of regularity..this means the VA employee who rated you is assumed to have done his job..absent a valid rebuttal. So, its assumed this rater look at the criteria, and said..."uh, sorry, no dice. You did not meet the criteria number 3, for example, a nexus between your inservice event and your current diagnosis." Ok, so you go to a doc and get a valid nexus, its tough for them to say..."er, well, you dont have a current diagnosis", so its denied again. If you did not have a current diagnosis, or nexus, they should have told you that was the reason for denial in the first place. They cant go on a fishing expedition to try to "catch" a valid reason for denial. They have to pull up the fish they have on the line, and if its too small, they can deny it, but you can say..oh, oh, according to doc y, this fish does meet the criteria.

Edited March 17, 2015 by broncovet

[Berta]

Weird.....

Can you scan and attach here the letter that stated that denial from Voc Rehab?

They usually have to send a letter.

I still have one dated 1992, handwritten but legible from Voc Rehab, that is evidence for my pending CUE claim.

Cover C file number, name, address etc prior to scanning it.