Help With Iu

[Billyboy]

A little history:

8 1 2005 quit working. Could not stand to be around people any more.

11-28-05 connected for MDD, 50%

12-14-05 Sent application for IU

1-09-06 VA wants more info (have 1 year)

3-24-06 Sent all info requested (VA received 3-28-06)

Two letters received at the same time

4-20-06 Received letter VA denied IU. (Informal notice) Their stamped date 4-14-06

3-29-06 Denied (official notice, with the seal at the top of the page)

I have appointments with a shrink; he put me back on Prozac and waiting to see if he will give me the letter that says I am not employable? NOW

Should I resubmit the 100% IU now? Should I wait for the letter from the shrink? The only new evidence I have is the pills I’ve been taking. Some state will cause fatigue and drowsiness and I have been unemployed since 8-1-05. I hope y’all can understand this, if not ask questions. My memory and concentration is just not what it used to be, bill

[john999]

Billyboy

Did you file a NOD when the VA first denied your IU? If it has not been a year since offical denial I would file the NOD and ask for a DRO Hearing. You can then submit more evidence to back up the IU request. This way you keep the earlier effective date. You don't have to reinvent the wheel just appeal.

[Guest rickb54]

Billyboy,

stated:, " 8 1 2005 quit working. Could not stand to be around people any more."

" 3-29-06 Denied (official notice, with the seal at the top of the page)"

What you need to do is get a letter from your doctor stating you cannot work. As John has already said, you cannot just quit work and expect the VA to hand you TDIU.

If you are only rated 50% you do not even meet the schedular requirements for IU, that is you are going to have to acheive a higher rating if you expect you regional office to seriously consider TDIU.

Now that is not to say you can't get TDIU, because anyone that cannot work because of service connected disability is entitled to TDIU, but the decision has to be made at a higher level.

You quit working in August and in November received a 50% rating.... Unless your doctor writes a letter with great detail in support of you inability to work I would not expect you to get TDIU. I also wonder if even a doctors letter will by itself help you. I would suggest that a letter from your past employer indicating your work history ie: loss work dates etc.. might also help. Remember you quit your job, that is not a true indication that you cannot work, in the va's eyes it means you will not work. You have an obligation to prove your case.

You should submit a NOD, and request a De Novo review, and while waiting for the review, try to obtain as much evidence as possible that would indicate you deserve a higher rating, or TDIU.

Edited November 23, 2006 by rickb54

[Billyboy]

The Fresno VA office helped me file a NOD on 9-12-06 and at the time asked “Please schedule veteran for a C & P exam to substantiate his claim and the veteran will be sending additional medical evidence from the Fresno vet center” Since then I have a schedule appointment with a shrink for medicine, (Prozac) don’t know for sure. He asked me what I hoped to accomplish and I answered truthfully, I need help with my depression and the officer at the Fresno Vet center wants to know if I am capably of going back to work? He said, “I can’t write a letter today!” So I have appointments with a shrink, I have listed all my meds which some show drowsiness and fatigue. I believe once the shrink and I talk he will write the letter that I am not capable of returning to work.

[JohnM]

A little history:

8 1 2005 quit working. Could not stand to be around people any more.

11-28-05 connected for MDD, 50%

12-14-05 Sent application for IU

1-09-06 VA wants more info (have 1 year)

3-24-06 Sent all info requested (VA received 3-28-06)

Two letters received at the same time

4-20-06 Received letter VA denied IU. (Informal notice) Their stamped date 4-14-06

3-29-06 Denied (official notice, with the seal at the top of the page)

I have appointments with a shrink; he put me back on Prozac and waiting to see if he will give me the letter that says I am not employable? NOW

Should I resubmit the 100% IU now? Should I wait for the letter from the shrink? The only new evidence I have is the pills I’ve been taking. Some state will cause fatigue and drowsiness and I have been unemployed since 8-1-05. I hope y’all can understand this, if not ask questions. My memory and concentration is just not what it used to be, bill

Did you quit work or your were you put out on medical, I'm not up on all of the VA, but if they are anything like SSD, quitting work is not an option to recieve SSD. Just because you can not stand to be around people any more is also not an option. John and I hated where we worked , so much politics and --- kissing, but we could not quit just because of that, we were both put out on medical both recieved SSD and now waiting for VA for John. You can not just walk out because you do not feel like working anymore!

[john999]

When I went for my C&P exam after being fired from the post office due to my disability the C&P doctor said he could not determine if I was IU because I was not employed. This is the mentality you are dealing with so you need lots of evidence. You need overkill when trying to prove your case to the VA. When I got my IU I had three medical opinions saying I could not work and I had SSDI and disability retirement approved. I still had a struggle.

[Billyboy]

Had a successful janitorial and carpet cleaning business. Sold the janitorial and gave the carpet cleaning business to my son. I guess if I don’t get IU then so be it but its better then shooting some dumb shit that calls and says I need my carpet clean and I ask if he is in a hurry, the reply, “No tomorrow is fine!” I guess after 30 some years it just wore a little thin on my nerves. Maybe thats the MDD talking? bill