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Mental C&P and TDIU

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cryingbear

Question

I was given a 50% rating last year for my initial claim from 2012-2017 but appealed for a higher rating and TDIU.  I have been on SSDI for more than 10 years for my mental condition.  Here is the exam the rater based my rating on.  Is it possible to get a higher rating and TDIU based on my SSDI and this examination?

3 . Occupational and social impairment
a . Which of the following best summarizes the Veteran ' s level of occupational and social impairment with regards to all mental diagnoses? (Check only
one)
[X] Occupational and social impairment with reduced reliability and productivity

3 . Symptoms

For VA rating purposes , check all symptoms that actively apply to the Veteran ' s diagnoses :
[X] Depressed mood
[X] Chronic sleep impairment
[X] Disturbances of motivation and mood
[X] Difficulty in establishing and maintaining effective work and social relationships

5 . Other symptoms
Does the Veteran have any other symptoms attributable to mental disorders
that are not listed above?
[X] Yes [ ] No

If yes , describe :
The veteran has a very significant history of manic episodes with hyperactivity, increased energy , racing thoughts , significant agitation / anger with increased impulsivity , markedly decreased need for sleep . Such impulsivity in the past included aggression , picking fights .The patient also came to a point where he was psychotic , paranoid with delusions and some hallucinations . 

If the question is about occupational impairment regarding the schizoaffective/bipolar type, this examiner notes that this condition has been quite severe over the past few years , though the veteran has indicated he was not fully compliant with his treatment for a few years in recent times . However , over the last year or so , he has been much more stable and is on a monthly injection that helps ensure compliance . Treatment notes indicate improved stability . It is likely that he would manage some kind of basic employment given his current condition .

Today, the veteran ' s memory appeared grossly intact . There are no current or recent problems with delusions or hallucinations . However , such symptoms have been quite prominent in the past . The veteran has a history of very significant paranoid delusions of being followed , receiving signals from God and messages in code from aliens because he sees papers on the floor . Such symptoms are not presently or recently occurring . There was a history of hallucinations including seeing lights he attributed to aliens . Again such symptoms are absent in recent times and this is corroborated by treatment notes . Medications seem to be keeping him quite stable now . The veteran also denied any suicidal or homicidal ideation . Again , in the past he has had suicidal and homicidal/aggressive thoughts and behaviors . Treatment notes and his presentation today and reports indicate this is not presently or recently occurring . There are no panic attacks and no OCD . He denied problems with anxiety (present in the past however) . He reports medications helped this . Mood does still fluctuate at times .

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Mke sure the VA is aware of your SSDI award letter.

Did you answer the disability question  the TDIU form as Yes?.

I mean # 20 :

https://www.vba.va.gov/pubs/forms/vba-21-8940-are.pdf

 

 

 

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I believe your C&P has hurt you where they said that you are improving and could possibly hold employment.  I would go to the VA and request retraining so you can find employment.  They will evaluate you and decide if you are employable first.  If they find you unemployable it would help with a 70% rating.  If they find you employable they will help you with your education to become better ready to enter the workforce.

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Any Veteran applying for TDIU, OR, any veteran that was denied IU...I cannot express enough the importance of using the Vocational Rehab opportunity to get there opinion. Long story short. I personally found out about the Feasibility Letter and obtained one and filed for TDIU. 6 months later approved. As long a the veteran has the SC 5 to apply for TDIU then Please get that VR opinion. I also enclosed a writing about the importance of a Vocational Expert opinion.

BEST EVIDENCE TO PROVE INDIVIDUAL UNEMPLOYABILITY

When it comes to proving to the VA that the veteran is eligible for individual unemployability, that is if the veteran is found to have met the rating threshold and employment criteria mentioned above, the best evidence is a professional opinion from a vocational expert or competent medical doctor concerning the veteran’s ability to secure or follow a substantially gainful occupation. The VA often times schedules a veteran for a C&P exam to get an opinion on IU. This report should include a rationale as to whether it is as likely as not (50/50 chance) that the service-connected disability or combined disabilities render the veteran unable to secure and maintain substantially gainful employment. Additionally, the report should also include and describe the functional impairment caused by the veteran’s disabilities and how that impairment impacts on physical and sedentary employment. Other evidence to support unemployability may include employment history, employer records, and any medical evidence that indicates that the veteran is totally disabled and unemployable.

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  • HadIt.com Elder

I agree to disagree

A Veteran should not join the Voc -Rehab with intentions to just get the '' it is not feasible to retrain this Veteran at this time  due to his service connected disability'' letter!

He should be trying to get help from the Voc -Rehab to help him find a job that he could possibly do,  this is what Voc Rehab is for  and then if the Voc Rehab councilor can't find any thing this Veteran can do DUE to his S.C. Disability's  that is usually  when the Voc Rehab letter will help get the IU.

 Word of caution not all Voc -Rehab Counselors will write this letter and some times the veteran needs to request it. or ask the Voc-Rehab counslor to write the letter if they dismiss the veteran from Voc-Rehab  because Voc Rehab was unsuccessful .

I do agree if the Veteran gets this letter it will help to get the IU.

Being honest always is he best thing to do.

jmo

Edited by Buck52
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