Jump to content
!! Advice given on the forum is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - HadIt.com Veterans

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

!! Advice given on the forum is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !!
  • 0

Alj Hearing Decision---- Not Granted

KennyJ

Asked by KennyJ,

 Share

Question

KennyJ Collaborator

KennyJ

Posted
Posted (edited)

Well had ALJ hearing in September and was denied ..The judge wenty through records of the last 2 and half years and stated bits and pieces about records.. Most of this stuff she quoted was from 2004. Not from current medical records. I had depression hearing April 2005 by my VAMC and they said GAF was 55. I also have degenerative arthritis of knees, benign hypertension, Bi lateral ulnar nerve neuropathy, allergic rhitinis, anemia and sleep apnea. She the judge said that in her opinion with my age (43) and education(AAS degree) that I am (not)disabled. Whoa .... What next

Edited by KennyJ (see edit history)
Link to comment
Share on other sites
  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

9 answers to this question

Recommended Posts

Guest rickb54

Guest rickb54

Posted
Posted

KennyJ

You are going to need a lawyer from this point.....

SSD rules are: if you are 55 or under, have a HS education, and speak English You can do something even if its flipping burgers, or a war-mart welcomer......

These are the rules before they even consider if you are disabled or not.

What does the VA have you rated for % wise. Have your va doctors indicated if you can work or not, what about an independant opinion from another doctor did you have one?

Link to comment
Share on other sites
KennyJ Collaborator

KennyJ

Posted
  • Author
Posted

Sorry I meant The Judge said I was not Disabled... Little Ratttled I guess. Had lawyer at hearing and my lawyer made the Voc. Expert retract all the jobs presented b the hypothetical question by the Judge but this wasn't mentioned in the letter either. Well I had just had % C&P exams done by QTC in July and August and tried to get those copies but QTC has not forwarded them to the VARO yet. I guess now I can get them for the Appeals Council review. At my Depression in August the Doctor said my Gaf was even lower than the 55 assigned by the VAMC doctor in April 2006. Well to the next stage .. I am currently rated 20% by VAMC for degenerative arthritis of left knee.. I am awaiting decisions on claims for Right Knee Arthritis, arthritis of both ankles, bi- lateral ulnar nerve neuropathy and Chronic - Anxiety. Appeals for Higher % and EED and TDIU. The exams are back and waiting for the development team to send them to the rating board. My VSO feels very strongly that my chances are for strong for sucess with a couple of these issues. The problem is I don't want to slow down the rating process by requesting exam reports. I guess I let my Lawyer handle that.

Link to comment
Share on other sites
calnight Community Regular

calnight

Posted
Posted

Rick is right you must have a doctor state you can not work. and ,or somekind of voc rehab saying you cant work I believe both are best. As far as age I dont know I am 33 and awarded first time. But I presented a very strong case to ssd. Also I have done a little reserch state by state who wins there claim the first time for ssd. I found out If you live on the west coast it is a little easier to be approved the first time. In california you have a 50/50 chance. But back east it rises to 70/30 and in some states it 80/20. It seems to me it is like the va ro. every one is differnt how they rate your claim.

Link to comment
Share on other sites
KennyJ Collaborator

KennyJ

Posted
  • Author
Posted

Rick you are right I live in NC and it is very hard it seems to get SSD here. I did get a letter from my Medical Doctor stating she in her opinion I couldn't work but the judge didn't mention that in her denial either. I will get another letter from my doctor that will be more precise and to the point.

Link to comment
Share on other sites
calnight Community Regular

calnight

Posted
Posted
Rick you are right I live in NC and it is very hard it seems to get SSD here. I did get a letter from my Medical Doctor stating she in her opinion I couldn't work but the judge didn't mention that in her denial either. I will get another letter from my doctor that will be more precise and to the point.

kenny.

make sure the doctor states that you will not be able to work for atleast a year or more. ssd requires that you can not work for atleast a year.

Link to comment
Share on other sites
robert51 Rising Star

robert51

Posted
Posted
Rick you are right I live in NC and it is very hard it seems to get SSD here. I did get a letter from my Medical Doctor stating she in her opinion I couldn't work but the judge didn't mention that in her denial either. I will get another letter from my doctor that will be more precise and to the point.

its all a crap shoot .. i applied in oregon and had 2 VA doctors and 2 IMO and all said the same and i had a report done by one doctor saying i can not work and still the state said i could work and their proof was based in three items.. one i was able to fly on a plane myself, two i was able to visit my children and three i did my application on line so that ment i was computer capable.. .. well my gaf scores of 45/45/50 so the AJ said i had so much on my side she was forced to grant even though she wants me to be reexamed in one year from start to finish start march 1,2004 granted sept 29.2006.. they act like its their money ...

Link to comment
Share on other sites
Guest Dataman

Guest Dataman

Posted
Posted

Seems like your ALJ Judge used the Grid to make the determination if your disabled.

www.severe.net

The Education is what helped say "your not disabled"

Typing on the Computer does not make you not disabled. I have Carpel Tunnel one hand and the other 7 Screws and 8" of Metal holding the wrist together. I can type for a hour a day. Won't let them touch the other hand (carpel tunnel).

Appeal it.

I know when I was asked the $100 question I just pulled out my XRays and said "see this metal". Plain as day unless the Judge was blind. (Believe it or not they have blind Judges, not ALJ).

Sorry to hear you got the short end of the stick. Use it to hit back is all I can suggest.

Your Lawyer should be able to help

DM

Link to comment
Share on other sites
Guest
This topic is now closed to further replies.
 Share
Go to question listing
×
×
  • Create New...

Important Information

{terms] and Guidelines

  I accept