Iu Claim Denied

[Shalia]

I recently (well, in May) put in a claim for IU. I'm rated at 80%, with bipolar at 70% and assorted other stuff reaching me to 80 in VA math.

My IU claim was denied today even though I'm not working or anything. Can I assume it's because I'm going to school through voc rehab? And if so, is it even appealable? Or am I just going to lose based on "if she can go to school..."

I have two therapists and two psych docs that have told me to get IU and not to work right now, ESPECIALLY while going through school, but the C&P doctor I had was a real jerk and said I was just "letting my husband take care of me" and "being lazy" (yes, I reported him). I don't know if *he's* the reason I got denied and ergo I only need a new C&P for a real shot, or if I'm SOL as long as I'm in school.

Anyone have any ideas? Cause I wish people at VA's and SS office would realize school is *not* work. I can get all sorts of accomidations in school that I'd never get in an office (like I could get someone to take notes for me at work... or get twice as long to do the average task like I get for a test...) How can I convince someone that school is not work, and is this worth an appeal? And if so, how the heck DO I appeal? I'm not even sure how you do it.

I'd appreciate any help I got. I really really need the money.

Thanks!

Shalia

[Guest rickb54]

Shalia,

Yes you can and should appeal the denial. VA Form 9.. and a statement to support your position will do it.

I have no opinion as to rather you will or will not win on appeal.

I can tell you that I received denial for vocational Rehabilitation because it was deemed I could not return to work. Instead I was offered an Individual Living Service Plan, which still has not come to pass in almost 2 years. Perhaps the VA figures if you can go to school then you can work? Just as the figured in my case I can't work so they will not let me go to school.

[Shalia]

Ah, so because I'm eligible for voc rehab, I'm not eligible for IU? Grr.

I'll still appeal.

But I'm doubting my ability to get it now. Damn.

Thanks, Rick.

Shalia

[Guest rickb54]

Ah, so because I'm eligible for voc rehab, I'm not eligible for IU? Grr.

I'll still appeal.

But I'm doubting my ability to get it now. Damn.

Thanks, Rick.

Shalia

Shilia,

I didn't exactly say that, but it is possible. My advise is to submit the claim and let the va make the call there is a 50/50 chance you will win the claim. If you lose the first time around the va will tell you why, and then if you want you appeal with evidence or a statement to counter act there reason....Please don't doubt your ability, I learned long ago that even if I thought something was not possible, the VA can think the opposite.

[Shalia]

Terry,

I don't know why yet. I got a letter from teh DAV today telling me that they'd read my file and that it was denied. I'm going to go visit them tomorrow. It said that the letter from the VA would be following.

Thanks, Rick.

I'll let both of you know *why* when I find out myself.

Shalia

[robert51]

Ah, so because I'm eligible for voc rehab, I'm not eligible for IU? Grr.

I'll still appeal.

But I'm doubting my ability to get it now. Damn.

Thanks, Rick.

Shalia

that could be the basis for their saying no... i applied for voc rehab and IU the same time and was denied rehab and but got IU

[jlshand]

Shalia,

When the disability claim was awarded, did the letter say anything about IU being "deferred" pending input from the Veteran(presumably the correct application form)

As I understand it, in certain situations the rater is required to "infer" qualification for IU based on the criteria of 38 CFR but a granting still requires the Vet to "apply" using the correct form. In some of these cases the form is supposed to be included with the approval papers ,just as is the form for supplemental insurance, but this isnt always done. (real cloudy here as to reasons)

My approval said specifically the IU was "deferred" and somewhere later on I picked up the idea I had to specifically fill out the correct form and ask for IU.

Did your approval paperwork contain the same language?