tdiu Tdiu Voc Rehab Letater And C&p

[sabrem]

I applied on 1/29/2015 for IU for my 70% bipolar with a letter from my doctor saying I can't work. I also was found unfeasible for employment by voc rehab and am waiting on the letter from them to submit.

I had a c&p on the 13th and looking over the results I'm kind of worried.

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactory, with normal routine behavior, self-care and conversation.

I'm worried that this will not only get me denied but my rating lowered.

My question is how much will my doctors opinion and voc rehab decision help my case compared to the c&p?

[sabrem]

I was denied. The reason they gave was that I could do sedentary work. Which doesn't make much sensemble since the whole claim was based on sc mental illness.

I'm going to see my vso next week to do a reconsideration or a nod. Not sure which is better.

They did keep me at 70% so at least there is that.

Edited June 26, 2015 by sabrem

[Gastone]

Something in your file has to indicate that your capable of Sedentary employment, where you could earn at least $238.00 per week, any ideas? Education, training??? I read a while back, a VET got Denied because he stated to the C&P Dr that he would set for hours playing Video games as therapy for his MH issues. Well, the rater saw that as being able to perform sedentary work and Denied his IU claim.

File your NOD yesterday requesting a DRO Hearing, 3-4 years down the road. Then get busy submitting New & Material Evidence that wasn't available for the Rater's review before his decision was made. You might luck out and get a VARO Auto Review of your Denial by a SR Rater or DRO well before your DRO Hearing is on deck.

Do a FOIA request for your C-File.

Semper Fi

Gastone

[broncovet]

You want to file a NOD. According to Chris Attig, an attorney who represents Veterans, when your VSO suggests you file a MFR instead of a NOD, you are "flushing money down the toilet".

I do think its possible to do a MFR and even sometimes it works. But, if you let the one year appeal period pass without a NOD, (even if you filed the MFR) then I would agree its flushing money down the toilet.

We have discussed this here before, and the general consensus is to go ahead and file a MFR, but if its not decided favorably within a year, file a NOD. In short, NEVER MISS THE ONE YEAR DEADLINE TO FILE A NOD.

Edited June 26, 2015 by broncovet

[Valhalla0321]

Wow,

I have been out of work for 3 years, i am being referred to IL by Voc Rehab that withdrew me from class and is stopping my almost 3 years of college. I am 70% and was denied on my first IU because the Dr. Said i could do Sedentary work ie/ answer phone. So even if Voc gave me a letter it looks that it is subject to medical opinion and the CnP sedentary comment will trump that based on what i just read here.. gosh.. that is bum.. can't imagine i will survive off of a 70% single father with 11 year old... hoe there is light at the end of tunnel..

And i hope you find a way to prove IU.. I'll keep yo u posted.. sounds like it's tuff love from VA .. a Vet who simply can't work due to illness, in my case my 50% migraines are like a dagger to my day... gosh... Good luck everyone..

[Gastone]

IU ain't easy! Look at all the "sedentary Jobs" that would pay at least $238.00 per week, the VA "SGI" threshold for IU.

I don't think the VA C & P Dr's are out to intentionally screw you, their Honest Medical opinion is your still capable of doing some sort of Sedentary work that would provide the "SGI." They don't get a Bonus for Boning a Vet on the C&P. What you say, can and will be used against you. Not only what but also how you say it.

You definitely need to find a VA or private Psychiatrist, specializing in your mental health issue, that would provide the "New & Material Evidence" rebutting the C&P Psychiatrist's opinion as to your ability to do Sedentary work. Looks like this will come down to dueling Medical Opinions. Will be favorable to you because of the VA's "Benefit of Doubt Doctrine."

Always possible the 2nd Psychiatrist will see it the same as the C&P Dr, then your Double Boned, but you have to try.

Semper Fi

Gastone