ptsd 70% Ptsd Denied Iu

[11cvolley]

Its been awhile since I posted but needed to get this off my chest. I'm still waiting for a ro to decide if the denial for IU stands or if they will grant it. Talked to my lawyer today and was basically told me where we are at in this process, which I already knew. I asked him if he got the records from the va on why they denied me IU. He pulls it up and says they, the va, said that I told the C&P doctor that I play civilization 5 and that is the only reason given for my denial. Lawyer goes on to tell me that the VA never got my SSDI records the first time, and she has seen worse reasons from the VA.

I knew playing a vieo game was the reason, but it feels good to know that its the only reason. Also its been confirmed that it is the only reason. I hope someone gets fired at ro over this.

[Navy04]

I feel for you bud, but I personally know a few Vets that have been denied for playing video games. I am and have never been a gamer, and in my opinion if someone can play these new difficult game systems, then they must not be that bad off. I can get on this site and that is about it for me, and I am only 33. Not that you are not sick my friend, just don't know why you guys go in there and tell those Damn sucky C&P Docs that you fish, hunt, race cars or play with electronics. The VA and Govt will use it against you every dang time. Good luck and God Bless

[tdubya82]

[deleted]

Edited July 21, 2016 by tdubya82

[bionoce]

VA C&P docs are not our friend. Present yourself at your worst, while being respectful, and nothing more. When they greet you and ask you how you're doing you say "horrible" and never smile. They are NOT our friend.

Edited June 5, 2015 by bionoce

[broncovet]

You did not get denied because you play video games. "Whether you play video games" is not one of the criteria for IU. Of course, if SSD is "favorable evidence" you are gonna need that in your file to get IU, and, as Berta pointed out the VA often lies about that instead of awarding IU, when SSD records are a difference maker. Rest assured, your VA will use every excuse in the book to get out of paying.

You got denied because your doc opinied that, in his professional opinion you were able to maintian substantial gainful employment, but chose to play video games instead. In order to get IU, you will need one or two more medicial opinions that refute this. Only a medical opinion can refute a medical opinion.

Your lawyer should consider attacking the credibility of the doctor, if he has not. Is the doc experienced in treating patients with vocational issues? Is he board certified?

Your doc is assumed credible unless you challenge his credibilitly. Your lawyer can ask for his CV, or a list of his medical qualifications and experience.

Your lawyer should have known that your claim would fail absent a solid nexus (ie, you are at least as likely as not unable to maintain substantial gainful employement due to xxx service connected conditions). No nexus will get you denied every time. Its one of the 3 biggie requirements:

1. Current diagnosis

2. In service event or aggravation

3. Nexus or link between the two above.

I agree your SS records, however, will provide said link, BUT ONLY if you get ssd due to sc conditions. If your ssd is for reasons that are not service connected by VA you will also likely get denied. Check your SSD decision, if you have not already done so.

Its not enough to be unemployed. Lots of people lose their job because of company cutbacks, and that has nothing to do with VA. You have to have your doc certify that you are unemployable due to sc conditions. If he does not do so, for whatever reason, you wont get IU (unless, as Berta said, SSD says you are unemployable and that is due to conditions VA says you are SC for.) Its not enough for you to be unemployable. You must be unemployable due to SC conditions.

Edited June 5, 2015 by broncovet

[TALON II FE]

donkeyvet (Raiders fan, mandatory I harass you, lol),

The Nexus is not needed for initial claims filed directly after retirement correct? Common sense says that would be the case, but we all know that common sense is not always a player. I can see a nightmare scenario where they say that no nexus was supplied when I filed my claim as soon as Texas Vet Commission would take it (that's another story). Thanks.

[Berta]

"The Nexus is not needed for initial claims filed directly after retirement correct? "

Not if your disability falls under the Chronic Presumptive list.

This is a difficult question to say yes or no to....what disability are you claiming?