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Help With Iu


Billyboy

Question

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

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  • HadIt.com Elder

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.

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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 by rickb54 (see edit history)
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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.

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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!

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  • HadIt.com Elder

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.

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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

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Guest rickb54

Billyboy,

I really wish you the best of luck with your claim, With that said your statement,

"I guess after 30 some years it just wore a little thin on my nerves."

Many people have problems with their job, most don't just quit. You even owned your own business which made it very easy for you in comparisson to others with the same medical problems. You didn't even have to be around people in you business, at least not for very long.

I don't guess my previous suggestion, "I would suggest that a letter from your past employer indicating your work history ie: loss work dates etc.. might also help. " is going to do you any good since a letter from yourself would hold little water.

Taking all your statements into consideration,and without passing judgement, It is easy to get the impression you are trying to cash in on something that you are not entitled too.

again best of luck

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  • HadIt.com Elder

Billyboy

You need a doctor to say you crashed and burned and that is why you got rid of your business. Some people, like me, who tend to go into deep depressions crash and burn and are very sorry afterword. Everything seems to slip through our fingers and wondering how I got to this place I don't want to be.

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Billyboy, no one on this board is a psychologist and no one on this board is walking in your shoes. The first thing you need is a medical opinion stating in detail the reasons why your disability significantly makes you unemployable, you can also use letters from family and friends corrobarating the symptoms of the disability (anger, dizzyness, shakiness, paleness, pain, inability to talk, medicaton side effects, etc) is what I call visual symptoms, and this is call Lay evidence.

TDIU benefits will be granted "when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities."

If a veteran has only one service-connected disability, this disability must be ratable at 60 percent or more.

If the veteran has more than one service-connected disability, at least one disability must be ratable at 40 percent and the combined disability rating must be 70 percent or more.

A veteran who does not meet the percentage requirement under the rating schedule described above but is unable to work due to service-connected disabilities may still be awarded a TDIU rating on an extreschedular basis.

The TDIU regulation states that "it is the established policy" of the VA that all veterans who are unemployable because of service -connected disabilities "shall be rated totally disable".

The governing norm for granting a TDIU rating on an extraschedular basis is: a finding that the case presents such exceptional or unusual disability picture with such related factors as marked interference with employment or frequent period of hospitalization as to render impractical the application of the regular schedular standards.

Please, fight for what you think you are entitle to, no matter what other people says. Rigo

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  • HadIt.com Elder

Billyboy

What the VA may do is that if they decide you can't work they will bump up your 50% to 70% and then grant IU. I applied for IU when I was 30%. The VSO said I could not do it, of course. I got bumped up to 70% and was granted IU on appeal. There is always some way to skin the cat.

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  • HadIt.com Elder

Bill

I got bumped to 70% because I got my psychiatrist to say I was getting worse and that I was unemployable due to the increase in my disability. It was true since I had been fired from my job.

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