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Finally Got My Denial Letter From The Va


Shalia

Question

Denied for TDIU based on "wasn't shown you are unable to work based on SC disabilities".

I don't get how I can fight this? I already SHOWED that. I've been out of work. I showed at my last job that I missed more than 1/3 of each YEAR due to my SC disability. With paystubs to prove it. (Showing short term disability and sick leave.) They've seen my GAF score which hasn't been higher than a 40 in three years. They have my hospitalization records, which show I've been hospitalized 7 times in three years.

All I could *assume* was that they were saying "you go to school, ergo, you could work" but they don't seem to be saying that. Can I assume this was the crappy C&P exam I had that reared it's ugly head? Can I demand another exam saying I have two doctors (one VA, one a private doctor of my own) that say I can't work, and only one C&P examiner that seems to think I can? I have no clue what to do here.

How do I fight this ruling?

For the record, this is what they have me with now.

Bipolar 70%

TMJ 20%

Post surgery pain in right knee 10%

Carpal tunnel right hand 10%

Epicondylitis Right 10%

In VA math this equals 80%.

I now have letters from all my professors talking about my emotional lability in classes and my poor attendance based on psychological issues. But if that's not what they denied me for, I don't even know if that will help! HELP. What do I do? The thought of going back to work makes me panic. (But apparently panic disorder doesn't get to be it's own condition, that's under bipolar... *sigh*)

I'm so frustrated. Our family is at the point where I'm going to have to quit school and try and work again to survive financially, but then I'll lose both voc rehab AND any chance at IU and I'll probably just go crazy again. B) I have no clue what to do, how to fight, if I have any chance at winning, and even what tactics to try to win against them. I'm so frustrated... I want to cry.

Shalia

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  • HadIt.com Elder
I'm so frustrated. Our family is at the point where I'm going to have to quit school and try and work again to survive financially, but then I'll lose both voc rehab AND any chance at IU and I'll probably just go crazy again

Shalia,

How do you maintain decent grades in college with a GAF of 40?

This may be the best place to start with my help to you.

My daughter is Bipolar and receives 100% SSD for this illness. Her medication practically keeps her in a stupor and then she still has the rapid cycling mood swings.

Do you receive social security disability?

With the Gaf of 40 and having the rating of 70% bipolar, how do you manage?

Don't worry about the posting twiced, it happens to the best of us. I do also and I have no ideal of how it happens.

Josephine

Edited by Josephine (see edit history)
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Shalia,

How do you maintain decent grades in college with a GAF of 40?

This may be the best place to start with my help to you.

My daughter is Bipolar and receives 100% SSD for this illness. Her medication practically keeps her in a stupor and then she still has the rapid cycling mood swings.

Do you receive social security disability?

With the Gaf of 40 and having the rating of 70% bipolar, how do you manage?

Josephine

*blush* I hate to say this, it helps I'm really smart. I actually had a doctor say that to me once... "It's a good thing you're so smart or you'd never be surviving this illness."

Other than that, I do nothing but sleep and school. And even with that, two out of three classes I'm getting C's in. (To me, that's NOT good enough.) I have one class that I miss more than I go. I have another class that I haven't gotten higher than a 78 percent on the tests because I was so messed up from the drugs. (They gave me a dopamine agonist and antagonist concurrently. Bad juju.) The only class I'm doing very well in is the class I love, and it's probably because I love it.

I also have a fairly good med combo. I am dumber than I used to be due to meds, but in general, my med combo is finally right. Took years. *grin* I'm sure you played the med go round game.

So, how do I do well in school? I am a perfectionist and I love it, and I work my ass off. And it's different than with work. If it takes me 8 hours to write a decent 3 page essay on the Kyoto protocol, I can do that. I have 8 hours to burn (since I'm not working) and I can junk everything until I have it right. At work, you have to just do it right the first time. And I can't do that. It takes me a ton more effort to get something good. I am seriously perfectionistic, though, and have a need to do things RIGHT and spend an obscene amount of time on them. That's something that doesn't translate to work real well, but it's useful in an academic environment.

Damn, am I anywhere near the question anymore?

I hope this rambling diatribe helps a little bit... B)

Shalia

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  • HadIt.com Elder
So, how do I do well in school? I am a perfectionist and I love it, and I work my ass off. And it's different than with work. If it takes me 8 hours to write a decent 3 page essay on the Kyoto protocol, I can do that. I have 8 hours to burn (since I'm not working) and I can junk everything until I have it right. At work, you have to just do it right the first time. And I can't do that. It takes me a ton more effort to get something good. I am seriously perfectionistic, though, and have a need to do things RIGHT and spend an obscene amount of time on them. That's something that doesn't translate to work real well, but it's useful in an academic environment.

Shalia,

You are just like my daughter. It must come with the bipolar. Too intelligent for your own good. I am guessing that the doctors feel that if you can suceed so well in college, that you can on a job.

Does this perhaps rings a bell?

As you said, on a job, it is the one time to get it right, and you can spend hours on your essays to perfect them, but the doctors do not know this.

I am seriously perfectionistic?

I can tell you from my own experience, when I was discharged my service, I drove myself to the nut house with this one. My daughter, now 37 years of age, wrote a letter for me as to how she remembers when she was about 8 years old, combing our carpets. Can't you believe that I had to be that perfect? I can look back on it all now and see that I have gotten past this some, not much, but a tad.

How do we convience the C&P doctor that you can excel in college, but cannot function at a job.

What would happen if you gave up your college for a little while and pursued 100% social security benefits and Total Disability from the Veterans.

I believe that your college and believe me I am not knocking an education, but do you have a hint as to what I am saying?

I may be on the wrong track, but give it some thought. I am sure that others will post for you also.

Joephine

Edited by Josephine (see edit history)
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  • HadIt.com Elder

It looked to me that the VA was saying yes you were disabled but you did not connect the dots to your service connected disabiility. I think that you can fix this with a letter from and MD with the opinion that your already service connected disabilty is the reason that you cannot work. Good Luck

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  • HadIt.com Elder

Shalia,

I showed at my last job that I missed more than 1/3 of each YEAR due to my SC disability. With paystubs to prove it. (Showing short term disability and sick leave.)

I think the key is you showed Short term disability, inwhich the VA seems to think that at some point in the future you'll be able to regain employment. This may be one of the contributing factor to the denial. I'm also not quite sure if a IMO would help, as Rickb54 said, you're currently in Voc Rehab, which also shows that you're able to possibly return to the work force after school.

I did find this little tid bit on reductions of IU rating, whether it is for application for original IU claims remains to be seen. CFR 38, §3.343©(1) states;

"In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of SS3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability. (Authority: 38 U.S.C. 1718(f))"

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