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.

[Berta]

Chronic Presumptives:

This is reply to vet who had the inservice nexus question.....

Edited June 5, 2015 by Berta

[Matthew Hill]

Playing video games is something that VA can consider but it is not something that the denial of IU can be based on. I have handled hundreds of IU claims but I am still amazed every day at the creative ways that VA denies IU claims (video games is new to me). I usually always have to get an expert to give an opinion as to why a veteran cannot work. Typically that expert is a doctor. But there are times, and your case seems to be one of them, where I get a Vocational expert. A Vocational expert can speak to how your disabilities, paired with your education and working background, keep you from working. VA must not only prove that you cannot get a job but also that you cannot maintain a job. The last part is key, and overlooked by VA. Lets say that you can play games for 4 hours a day. Well can you maintain concentration for the other four hours you would have been working?

IU claims are unique in that VA has to look at and make its decision on your specific circumstances. In all other ratings, VA considers the 'average' veteran's level of impairment. But in IU claims the claim is unique to you. This is where an expert is so powerful, because he will consider your problems with the disability.

Regarding SS records, if they help you great. If you are on SSD for a non-s/c condition then they are irrelevant. VA will still get them and try to use them against you. But the regulation, 38 C.F.R. 4.16(a), specifically states that VA shall only consider s/c conditions when making a determination on IU. When a denial is based on the vet's SSD claim being granted on non-s/c disabilities then that decision is wrong on its face.

Hope this helps

[Berta]

That link is shot...here it is

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCIQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fregs%2F38cfr%2Fbookb%2Fpart3%2Fs3_309.doc&ei=wMZxVcCqJ8eyogSlwIFg&usg=AFQjCNGpfJQk5dvWXONaefaqMr1wlIEA-Q&bvm=bv.95039771,d.cGU

[bionoce]

Christ, a claim should not be this difficult. Adios.

[TALON II FE]

Christ, a claim should not be this difficult. Adios.

Much agreed, and much ignored by those who could instigate a change, because they are not us, and do not have to live with this broken system impacting every facet of their lives. I REALLY, REALLY want to write more, but I had to go in public today, already stressed out before that and I want to destroy, demolish and smash everything right now. I can't push the rage down very well, bad dreams and poor sleep from last night bleeding into today. Maybe I do need meds...I hope everyone out there is have a much better day then me! If I could get my heart rate to settle down, I am going to try and take a nap and "reset" my day, works for me sometimes.

[Gastone]

You need to find a professional employment councilor that will confirm that you can't do even Sedentary work due to your SC conditions, that would earn you in excess of SGI ($12,400 under 65).

I used a Denial Letter from VA Voc Rehab Counciler to prove IU at my 2014 DRO Hearing. Your C & P Dr opined that you were capable of some sort of Sedentary work because you sit long periods of time concentrating on play a video game, NOT GOOD. That really hurts your IU claim. You may not be able to do what ever you worked at before, but it doesn't take much experience to earn $238.00 per week. At $8.00 per hr, that's only about 30 hrs per week. You really need to get a Professional Employment Councilors' opinion ruling out even Sedentary work.

Semper Fi

Gastone