Bva Video Hearing.....

[liamgero]

I'm 70% going for tdui 100%. I have a good case. My va neurologist wrote me a letter stating: Liam is unemployable due too his back and migrains. Which these are service connected 40.30 each. Will this be enough or will this letter help?

[Gastone]

Maybe, maybe not. VA Neurologist's clinician notes are good. Did he complete a VA DBQ? Then there is the Elephant in the room, Your Earned income, current and recent year or so. Are you capable of earning about $238.00 per week doing anything, within reason? The VA uses the US Poverty Level income for one person to calculate Subtantialy Gainful Income. Currently if your under 65 $12,400 or $238.46 per week is your magic number. If over 65 it drops to $11,400 per yr. Medical and Profeesional Employment evaluations indicating you are currently unable to do even low pay sedentary work would be of great assistance. Being able to work a 40 hr week really doesn't come into play.

A Nam Vet friend was denied IU 2013 because in the Rater's opinion his college degree made him elegible for part-time sedantary work in excess of the Gainful Income Level. He did finally get a letter from the VA Vocational Rehab Councilar verifying he was unemployable due to his PTSD and even sedentary work was out of the question. It took the VA Voc Rehab letter to get the IU award.

Semper Fi

Gastone

[FormerMember]

Now the neurologist needs to supply reasons and bases for his conclusions. Bare conclusions, unsupported by logic and reasoned discussion are not enough to weigh in your favor. Gastone's comments are even more important. If you've worked in the last 12 months, it better have been a family enterprise or sheltered employment like Goodwill or Salvation Army at 20 cents an hour.

[liamgero]

I haven't worked any since 2004. He did fill out a form before which stated limits and etc. The va said the form suggested that I had limits but I could obtain/gain minimal employmen even though my conditions made it difficult etc. . So I ask him too just state the facts and clear. Because of my back and migrains I am Unemployable. I'm under his care for 7 years now. He a va employee. It states I'm unemployable do too my service connected.. The va did say I am unemployable due to my non service connected stuff. They says when my service connected disabilities weighed separate I am employable. But my lawyer says they never explain anything they just threw it off on non service connected. He said even with my migrains and back I'm unemployable Bc I would have too miss work every week.

[liamgero]

I haven't worked since 2004. My lawyer had him fill out a paper questionare stating my limits and work ability. The va said I was unemployable due too non service stuff. That my service connected issue limit my ability too get/maintain gainful employment. That being said that's why I wanted my same dr too state plain and direct I'm unemployable due too my migrains and Back which are service connected.

[liamgero]

Went too it last week video hearing . Went pretty good. How long usually until they make a decision?

[FormerMember]

Average time from hearing to decision is about 14-16 months. If you have been advanced on the docket due to hardship or medical reasons via 38 CFR 20.900(c ) you can expect it to occur within three months. The hangup seems to be when it is remanded back to your RO for rating. That can be another three months. Best of luck, sir.

Edited May 9, 2015 by asknod