Deferred

[Ddsr]

I have been increased one condition, the others stay the same. But the IU Deferred due to Medical Opinion. Does this mean eventually a decision will be made?

[MPsgt]

I interpret what you’ve said as no.  The BVA deferred your claim for IU to a later date.  They’re requesting you get a medical opinion justifying your entitlement to TDIU.  The statement should best come from a medical doctor and preferably from a VAMC medical doctor.  The statement should read something like this; Due to the severity of your VA service connected disability(ies) it is of my medical opinion the VETERAN is fifty percent more likely than not, unable to gain and maintain any gainful employment.  A great VA doctor will make this statement and place it into your VA medical records via the VA electronic records.  You’d then pull that record out of your VA file and submit it to BVA for consideration.  Use myhealthyvet to access that record yourself.  I’m speaking from my own experience and results that proved favorable from BVA.  

[Ddsr]

10 minutes ago, MPsgt said:

I interpret what you’ve said as no.  The BVA deferred your claim for IU to a later date.  They’re requesting you get a medical opinion justifying your entitlement to TDIU.  The statement should best come from a medical doctor and preferably from a VAMC medical doctor.  The statement should read something like this; Due to the severity of your VA service connected disability(ies) it is of my medical opinion the VETERAN is fifty percent more likely than not, unable to gain and maintain any gainful employment.  A great VA doctor will make this statement and place it into your VA medical records via the VA electronic records.  You’d then pull that record out of your VA file and submit it to BVA for consideration.  Use myhealthyvet to access that record yourself.  I’m speaking from my own experience and results that proved favorable from BVA.  

I respect your opinion. Here is the deal. I am told and I also read that a decision will indeed be made regarding the IU at some point. The question is what proof still does the VA need. I already have medical evidence showing my depression has been at the point where I cannot maintain feasible employment. I also submitted a Voc Rehab Feasibility Letter stating I cannot complete the program due to not able to maintain feasible employment. I have been doing counseling at VA and when I ask my PCP and MH to give me a statement regarding unemployability they all just try and pawn that on someone else. Well, anyways I will decide from here if I will appeal. Thanks

[broncovet]

The short answer is we dont know what proof they need.  It could be several things.  For example:

1.  It could be the nexus, as described by MpSgt, is missing, incomplete, or inconclusive.   The nexus should state that "its as least as likely as not" that the Veterans (service connected conditions) prevent him from being able to maintain substantial gainful employement.  I should also contain a "medical rationale" as to why.  The nexus may be unclear as to why you can not due some type of "sedentary" employment if you are unable to stand on your knees for example.  

2.  It may also need a Voc rehab opinion.  

3.  They may be waiting from your previous employer to explain why you are no longer working there.  

4.  Social Security may be dragging their feet.  If Social Security reports that you are currently earning at least 10,000 per year, then that may have to be justified.  

[Ddsr]

2 minutes ago, broncovet said:

The short answer is we dont know what proof they need.  It could be several things.  For example:

1.  It could be the nexus, as described by MpSgt, is missing, incomplete, or inconclusive.   The nexus should state that "its as least as likely as not" that the Veterans (service connected conditions) prevent him from being able to maintain substantial gainful employement.  I should also contain a "medical rationale" as to why.  The nexus may be unclear as to why you can not due some type of "sedentary" employment if you are unable to stand on your knees for example.  

2.  It may also need a Voc rehab opinion.  

3.  They may be waiting from your previous employer to explain why you are no longer working there.  

4.  Social Security may be dragging their feet.  If Social Security reports that you are currently earning at least 10,000 per year, then that may have to be justified.  

 

[Ddsr]

Bronco. I have a Voc Rehab Opinion I submitted with my IU claim. 

I have nexus statements. 

It might be SS though I have also applied for SSDI. 

But can you answer this? 

The employer has refused to respond. I have sent all correspondence to this issue

I have everything including the voc rehab feasibility letter. There is nothing else I could possibly submit unless they want me to do another c&p for IU.  I have done a C&P for increases but not one specifically for IU.

Will there be a decision made eventually?

Or do I need to appeal or reconsider as a decision will not be made?

[MPsgt]

2 hours ago, Ddsr said:

I respect your opinion. Here is the deal. I am told and I also read that a decision will indeed be made regarding the IU at some point. The question is what proof still does the VA need. I already have medical evidence showing my depression has been at the point where I cannot maintain feasible employment. I also submitted a Voc Rehab Feasibility Letter stating I cannot complete the program due to not able to maintain feasible employment. I have been doing counseling at VA and when I ask my PCP and MH to give me a statement regarding unemployability they all just try and pawn that on someone else. Well, anyways I will decide from here if I will appeal. Thanks

I had two different opinions regarding Voc Rehab and my being unable to work.

I received a first time go for SSDI for my Chronic MH issue.

I had six year VAMC MH history stating Chronic issue.

I had six year VAMC MH history of prescribe medication.  I still take those medications.

I was fired from my Federal Job due solely to my condition and received my Federal Disability Retirement.

I had several Nexus letters from the VetCenter.  I still attending meetings at that location.

It took me five years from being to end for the awarding of TDIU.  I had all that information above and they continued to hold for a decision.  I final straightest asked my Psychiatrist for the IMO being that he had treated me the last six years.  He also knew about my past and all of the above.  Three months after submitting his IMO to BVA.  The BVA rendered a final decision for TDIU P & T.  Then three months later they back paid me a substantial amount of money.  Sure, they can render a decision shortly on your claim for TDIU but, chances are they won’t.  You’ve got compiling evidence without the doctors IMO.  Which is why they’re supposedly deferring your claim.  At this time, you’ve nothing to appeal.  Get a/your Psychiatrist to produce the letter mentioned earlier in my response.  If you’re dx with depression and that doctor has being treating you for sometime.  Simply, ask in a polite manner explain that doctor knows your situation best.  And claim depends solely on their Professional Medical Opinion as your MH care provider.  “It’s never over.”