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

[Berta]

"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"

Shalia- this happened to my husband when he tried to get his 30% PTSD rated higher.

They used one semester of college,his first semester under Voc Rehab, against the claim and even attempted to drop him to 10%.

(ironically-he did get posthumous PTSD at 100% P & T back to 1991-so it shows,in that old decision, they did not consider how severe his disability was affecting him.)

I sure suggest getting accomodations if you need them -from the college.It would help to show the VA that your SC disability affects your ability to pursue schooling.

What a catch 22 Voc Rehab is- on the one hand it seems to be a good program but on the other hand, the VA uses it against the veteran when they can.

My husband needed note takers for visual problems and had difficult with material presented in lecture or on blackboards.

His PTSD and subsequent Sec 1151 disabilties (transcient strokes,vision problems etc)

made him unable to understand and retain new information well.

Also due to his PTSD the exam timer clocks that tick seemed like land mines to him and he was given separate room for exams.

He had a PGW VA counselor at the college and she was great at understanding his needs.

We did not even consider these accomodations at the time- due to his disabilities- would be important to his claim but when VA found out about them they did not lower his comp at all and 3 years later he was 100% PTSD.He had dropped out of Voc Rehab due to a Sec 1151 stroke by then.

An accomodation request should go to the college and the VA Voc Rehab counselor should get a copy of it also.

I dont remember us ever seeing this documentation or even sending it to the VA but it was all his his c file.

But the VA does not usually get these types of Voc Rehab records so it is best,when they give you accomodations, to send copies of these documents to VA yourself in support of your claim.

Voc Rehab can be a two edged sword.With the ultimate goal to find you rehabilitated enough to work.

Edited October 26, 2006 by Berta

[olenavygoat]

I have an acquaintence in the Voc Rehab arena. About 6-8 months ago they made it even stricter on the counselors to insure that folks getting approved for voc rehab woul be able to return to a work environment, earning $10 or more. So yeah, if you're entertaining the idea of 100% S/C or TDIU I would strongly recommend abstaining from application to the voc rehab program.

[Shalia]

Damn. I'm already in Voc Rehab. Maybe I should kiss IU hopes goodbye.

I got my teachers to write me letters listing emotional volitility and the accomidations I'm using. I got a letter from our disability resource center listing all the accomidations I'm entitled to. I got a letter from my old college about my needing to medically withdraw due to my disability about a year and a half ago. (Which coincided with an 8 week short term disability from work and two hospitalizations.)

What else does anyone think I could get or would be useful?

And *then* when I went to a doctor's appointment today, they asked me if I was still working at my old employer. They had them listed as a current employer. Could so simple a SNAFU cause a problem?

Thanks for all the replies everyone...

Shalia

Edited October 27, 2006 by Shalia

[Pete53]

Being in school is retraining If you were denied because you are in Voc Rehab they made a big mistake. You should ask for a statement of the case because that will show you the road to winning.

Being in a Voc Rehab is a certification that you are unemplyable as is. You will not be employable until you get a job and work at it successfully for a period of time SS gives you 9 Months.

Good Luck

[Philip Rogers]

Damn. I'm already in Voc Rehab. Maybe I should kiss IU hopes goodbye.

I got my teachers to write me letters listing emotional volitility and the accomidations I'm using. I got a letter from our disability resource center listing all the accomidations I'm entitled to. I got a letter from my old college about my needing to medically withdraw due to my disability about a year and a half ago. (Which coincided with an 8 week short term disability from work and two hospitalizations.)

What else does anyone think I could get or would be useful?

And *then* when I went to a doctor's appointment today, they asked me if I was still working at my old employer. They had them listed as a current employer. Could so simple a SNAFU cause a problem?

Thanks for all the replies everyone...

Shalia

The ability to successfully attend school does not translate into one's ability to work. This has been decided by the courts. I think Alex explained this at one time. You need to appeal, appeal, appeal. Remember, the VA, like any good insurance company, doesn't want to pay. That doesn't mean you don't qualify, just that they don't want to pay. I successfully attended a 2 yr school over a 3 yr period and was awarded 100%, w/P&T and SSDI for that same period of time. Also, Voc Rehab won't rehab you unless you have a "serious employment disability" which should equate to IU. jmo

pr

[john999]

Shalia

Yes, if the VA thinks you are still working they would deny IU. They will deny or delay an IU claim for the simplest reasons imaginable. Like not having a certified copy of your DD214 or having an official letter to state you last day of employment. Try thinking like a 6 year old and you will be even with the VA raters. When in doubt they just deny the claim. It is so much easier than doing actual work. They are dumb and they just don't care.